What is the test for reasonable refusal of a treatment?
British Columbia, Canada
The following excerpt is from Healey v Mault, 2021 BCSC 2197 (CanLII):
The question of whether a person has been reasonable in refusing recommended treatment is one for the trier of fact to decide based on the circumstances of the case, taking into account the degree of risk from the treatment, the gravity of the consequences for refusing it, and the potential benefit to be derived from it: Janiak v. Ippolito, 1985 CanLII 62 (SCC), [1985] 1 S.C.R. 146 at 151-52, 162-3.
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