What is the test for reasonableness of refusing to take treatment?
British Columbia, Canada
The following excerpt is from Ayoubee v. Campbell, 2009 BCSC 317 (CanLII):
Both counsel refer to Janiak v. Ippolito, 1985 CanLII 62 (SCC), [1985] 1 S.C.R. 146, 16 D.L.R. (4th) 1. The plaintiff cites the case for the proposition that the plaintiff is not acting unreasonably if he follows any one of several courses of treatment recommended by medical advisers. In assessing the reasonableness of refusing to take treatment, the trier of fact should take into consideration the risk of the treatment, the gravity of the consequence of refusing it, and the potential benefits to be derived from it.
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