Final Exam Cases

Question 1

Neto v. Klukach

Answer 1

The court adopted three indicators to determine if patients are capable of making treatment decisions. 1. Understand that they are affected by said illness 2. Be able to assess how treatment options affect quality of life. 3. Decisions must not be substantially based on delusional thinking.

Question 2

Reid v. Maloney

Answer 2

Although a patient signed a consent form it could not constitute an informed consent because it didn’t explain the risks specific to the patient’s treatment.

Question 3

Scardoni v. Hawryluck

Answer 3

Application of best interests test. In this case the daughters held the patients best interests and the court overruled the CCB.

Question 4

Hamilton Health Sci v. D.H.

Answer 4

A mother of an 11 year-old with cancer withdrew her from chemo to seek alternative cancer treatment. The doctors filed a protection order under the CFSA. The court refused citing aboriginal rights however this is troubling considering the best interests test applies to the best interests of the patient.

Question 5

Rotaru v. Vancouver Gen ICU

Answer 5

The plaintiff wanted doctors to resume treatment of her terminally-ill mother, The court rejected the petition as this treatment would be futile and harmful.

Question 6

Cuthbertson v. Rasouli

Answer 6

Mr. Rasouli’s physicians wanted to take him off palliative care. His wife refused. The courts held that withdrawing life support required consent.

Question 7

JM (Re)

Answer 7

A 12 month old whose parents wanted a procedure done so that the child could die at home. Doctors refused on grounds that the best interests test required consideration of the patient’s quality of life and dignity.

Question 8

Carter V. Canada

Answer 8

The supreme court ruled that the total ban on physician assisted dying violated a patients charter rights and stated that no physician was required to provide assistance in dying.

Question 9

R vs. Latimer

Answer 9

Judges upheld latimer’s conviction for second-degree murder in the death of his seriously ill 12-year old daughter (mercy killing)

Question 10

Re W.J.K

Answer 10

A psychiatrist issued a certificate of renewal however the physician failed to prove all of the criteria were met and it was struck down by the CCB,

Question 11

Haugan V Whelan

Answer 11

Whelan issued a CTO for Haugan although he wouldn’t become symptomatic until 2 months after his last dosage. The Ontario Superior court crushed the CTO stating that patients must meet all of the criteria for a CTO at the time it is issued.

Question 12

Turkington V. Lai

Answer 12

The plaintiff sued the surgeon as a result of a bowel injury during the operation. The surgeon had obtained informed consent and disclosed all material risks and that the alleged failures to inform her would not have altered her decision to have the surgery.

Question 13

Shackelton v. Knittle

Answer 13

An example of duty to control in which a patient who caused an ambulance accident sue the ambulance attendants for letting him sit in the front seat. The attendants had not been warned and acted in accordance with common practice.

Question 14

dm v. British Columbia

Answer 14

The judge found the ministry negligent in it’s decision to place 2-month old Molly with Ms. Kierkegaard who ended up shaking her violently causing catastrophic injuries.

Question 15

R (G.B) v Hollet

Answer 15

The court held the school liable for failing to fire the employee once the complaints were found to be valid.

Question 16

T v. Surrey County Council

Answer 16

The adviser ought to have known of the considerable risks with placing a child in Mrs. W care. They were found libale in negligence for misstatements concerning Mrs. W’s suitability.

Question 17

Peters-Brown v. Regina District Health Board

Answer 17

The hospital was negligent in failing to ensure unauthorized individuals were not able to see confidential information. Liable in negligence for the careless handling of the plaintiff’s confidential medical information.

Question 18

McInerney v. MacDonald

Answer 18

While the physician owns the patient records, the information the records contain are for the patients benefit. The court ruled that a patient is entitled to examine and obtain a copy of the whole record.

Question 19

M. K v M. H

Answer 19

A plaintiff sexually abused by her father sued but was dismissed on the grounds of statute-barred. The supreme court held that the limitation period should only begin to run once the abuse victim is capable of understanding.

Question 20

Sharpe Estate v. Northwestern General M

Answer 20

Mr. Sharpe died of AIDS after receiving blood transfusions the Canadian Red Cross Society had supplied. The trial judge found that the blood donor list was not confidential and therefore was not privileged from disclosure.

Question 21

Slavutych v. Baker

Answer 21

The SCC held that confidential communications could be privileged on a case-by-case basis if 4 criteria were met. The communication was made in confidence, preserving confidentiality is essential to maintaining the relationship, the relationship must be one that society values & wishes to foster, the harm to the relationship from breaching confidentiality must outweigh the benefit of having relevant evidence available to the court to ensure the correct resolution of an ongoing case.

Question 22

R. v. Greunke

Answer 22

An accused who confessed to a counsellor & pastor seeked to have her statements privileged. The SC concluded that the accused’s statements did not meet the requirements of the Slavutych test and were not privileged.

Question 23

Steep

Answer 23

The plaintiff requested for quality assurance reports and peer review evaluations but was denied. The court found the documents met the four criteria for privilege & determined that granting privilege would not prejudice the plaintiffs case.

Question 24

Straka

Answer 24

Dr. Straka was denied privileges at Humber Hospital and sought access to peer reference letters. This request was denied as they were held to be privileged.

Question 25

R. v. O’Connor

Answer 25

The principles in O’Connor govern privilege in all criminal cases except designated sexual offences. These principles are with regards to the judge ultimately deciding if the record was to be disclosed to protect the accuseds charter rights or withheld to protect the victim’s right to privacy and equality.

Question 26

Lion Laboratories v. Evans

Answer 26

employee’s who left took confidential internal documents casting doubt on the company’s breathalyzers. The court of appeal held that the defence of disclosure in the public interest outweighed the plaintiff’s interests.

Question 27

Leering v. College of Chiropractors of Ontario

Answer 27

A chiropractor providing services to a partner whom he was with before initiating treatment. The college convicted him of sexually abusing a patient and the court of appeal restored their decision.

Question 28

Rolon v. Bell

Answer 28

Patient sued the Nurse for contacting CFS. The judge dismissed the claim stating the defendants were not liable as they acted with reasonable grounds and they could establish the defence of qualified privilege.

Question 29

Tarasoff v. Regents of the University of California

Answer 29

A patient of a psychologist killed a woman after telling his psychologist he would. The court found that the psychologist had a duty to warn the intended victim.

Question 30

Smith v. Jones.

Answer 30

A psychiatrist sought a declaration allowing him to disclose privileged information in the interest of public safety he had obtained when interviewing the accused at the request of his criminal lawyer.