In what circumstances will a plaintiff be awarded damages for failure to have surgery?
British Columbia, Canada
The following excerpt is from Perez v. Vancouver (City of), 2002 BCSC 1773 (CanLII):
In Janiak v. Ippolito, 1985 CanLII 62 (SCC), [1985] 1 S.C.R. 146, a surgeon had recommended surgery for the plaintiff which in his opinion had a 70% chance of enabling the plaintiff to resume his employment as a crane operator. The plaintiff feared surgery and did not have the operation. It was a question of mitigation. The court held that in assessing damages: ... the courts would normally take account of any "substantial possibility" of failure and the amount by which full compensation would be discounted -- in this case 70 per cent -- would represent his avoidable loss.
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