Medical Law

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. Murray v. Alatishe

In Murray v. Alatishe (Ont CA, 2019) the Court of Appeal stated the test for consent to medical treatment:

[12] Section 4(1) of the HCCA outlines a two-step test for capacity to consent to treatment: Starson v. Swayze, 2003 SCC 32 (CanLII), [2003] 1 S.C.R. 722, at para. 78. First, a person must be able to understand the information that is relevant to making a treatment decision. Second, a person must be able to appreciate the reasonably foreseeable consequences of the decision. This second element requires a person to be able to apply the relevant information to her own circumstances and to be able to weigh the foreseeable risks and benefits of a decision or lack thereof: Starson, at para. 78.