How have courts considered the concept of undue influence in medical malpractice cases?

Ontario, Canada


The following excerpt is from Stewart v. Canadian Broadcasting Corp., 1997 CanLII 12318 (ON SC):

La Forest J. then considered Norberg v. Wynrib (1992), 1992 CanLII 65 (SCC), 92 D.L.R. (4th) 449 (S.C.C.) where he had employed this concept to analyse the case of an aging physician who extorted sexual favours from a young female patient and then stated: As is evident from the different approaches taken in Norberg, the law’s response to the plight of vulnerable people in power-dependency relationships gives rise to a variety of often overlapping duties. Concepts such as the fiduciary duty, undue influence, unconscionability, unjust enrichment, and even the duty of care are all responsive to abuses of vulnerable people in transactions with others. The existence of a fiduciary duty in a given case will depend upon the reasonable expectations of the parties, and these in turn depend on factors such as trust, confidence, complexity of subject matter, and community or industry standards.

Other Questions


How have courts dealt with medical malpractices in the context of medical malpractice cases? (Ontario, Canada)
How has the court considered the issue of counsel's responsibility to a plaintiff in a medical malpractice case? (Ontario, Canada)
What is the case law on medical malpractice in the context of medical negligence cases? (Ontario, Canada)
What is the case authorities in the context of a medical malpractice case? (Ontario, Canada)
What is the current state of the law on disclosure of medical records in medical malpractice cases? (Ontario, Canada)
Is a standard medical practice negligent in a medical malpractice case? (Ontario, Canada)
In a medical malpractice case, is a plaintiff entitled to access his medical records and charts? (Ontario, Canada)
What is the case law on expert testimony in medical malpractice cases? (Ontario, Canada)
What is the impact of a medical malpractice case on the economic impact of the case? (Ontario, Canada)
What is the case law on the admissibility of expert evidence in medical malpractice cases? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.