In what circumstances will a plaintiff be able to make a rational decision regarding their own care?
British Columbia, Canada
The following excerpt is from MacLean v. Budget-Rent-A-Car of Edmonton Ltd. et al, 2006 BCSC 1344 (CanLII):
In Janiak v. Ippolito, 1985 CanLII 62 (SCC), [1985] 1 S.C.R. 146, Wilson J. stated at para. 24: … It seems to me that the line must be drawn between those plaintiffs who are capable of making a rational decision regarding their own care and those who, due to some pre-existing psychological condition, are not capable of making such a decision. …
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