Can a plaintiff bring a claim of breach of fiduciary duty against a doctor for allegedly performing a tubal ligation without her consent?
Manitoba, Canada
The following excerpt is from Preston et al v. Chow et al, 2007 MBQB 318 (CanLII):
Christina’s counsel relied on the decision in Base v. Hadley, 2006 NWTSC 4, as support for the proposition that claims of breach of fiduciary duty are not limited to cases where it is alleged that the defendant had a sinister or improper motive. In that case the plaintiff sued her doctor for performing a tubal ligation on her, allegedly without her consent. The court granted summary judgment dismissing the actions based on negligence and battery, because they were instituted outside the limitation period, but allowed the action based on breach of fiduciary duty to proceed. The court found that Norberg did not limit the scope of the fiduciary obligations and that the scope of the duty will depend on the particular facts of the case. The fact that the claim raised allegations based on negligence and battery did not preclude a claim also based on breach of fiduciary duty.
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