Rarotonga, 2010

Simon's Megalomaniacal Legal Resources

(Ontario/Canada)

ADMINISTRATIVE LAW | SPPA / Fairness (Administrative)
SMALL CLAIMS / CIVIL LITIGATION / CIVIL APPEALS / JUDICIAL REVIEW / Practice Directives / Civil Portals

Home / About / Democracy, Law and Duty / Testimonials / Conditions of Use

Civil and Administrative
Litigation Opinions
for Self-Reppers

Simon's Favourite Charity -
Little Friends Lefkada (Greece)
Cat and Dog Rescue


TOPICS


Modified Objective Causation

. Reibl v Hughes

In Reibl v Hughes (SCC, 1980), a leading Supreme Court of Canada case, the court held that the reasonableness of a plaintiff's medical choice decisions should be assessed by the standard of what an objectively-reasonable person in the plaintiff's circumstances re age, sex, family and personal circumstances. In this case a key aspect of the court's finding of liability was that there was that the highly risky surgery was not immediately pressing and that the plaintiff would have chosen to defer it until a pension entitlement vested. This causation standard is sometimes called the 'modified objective' standard in that a plaintiff's behaviour and choices are assessed objectively, but in light of the personal circumstances of the particular plaintiff before the court.



CC0

The author has waived all copyright and related or neighboring rights to this Isthatlegal.ca webpage.




Last modified: 20-11-22
By: admin