What is the test for determining whether a risk is material and whether there has been a breach of the duty of disclosure?
Ontario, Canada
The following excerpt is from Fisico v. Boudakian, 2003 CanLII 16146 (ON SC):
In Videto v. Kennedy, supra, it is stated: 1. The question of whether a risk is material and whether there has been a breach of the duty of disclosure are not to be determined solely by the professional standards of the medical profession at the time. The professional standards are a factor to be considered.
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