What is the test for battery and what is the burden of proving consent?
Manitoba, Canada
The following excerpt is from Laing v. Sekundiak, 2015 MBCA 72 (CanLII):
The tort of battery is distinct from negligence in that it is an intentional tort, does not require proof of causation or adducing medical evidence and the defendant doctor has the burden of proving consent. See Ciarlariello v. Schacter, 1993 CanLII 138 (SCC), [1993] 2 S.C.R. 119.
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