Is there any case law where a doctor inappropriately touched the rectum of a man who was not wearing a protective covering over his ears, nose or throat?

Newfoundland and Labrador, Canada


The following excerpt is from R. v. Collins, 2009 CanLII 1620 (NL PC):

10. It is plain on all of the evidence that the accused did not go to see the surgeon about his ears, nose, or throat. Instead, he was bleeding rectally, experiencing pain on voiding his bladder, and also experiencing abdominal pain. Whether the doctor explained that there was going to be palpation of all of the various anatomical areas relevant to those complaints is not important. What is important is that the doctor told him he wanted to examine him, and asked him to strip and lay on the examining table, and he did both. In short, he consented to being examined. It follows that the doctor’s touching of the accused was not in law a battery: see Reibl v. Hughes (1980), 1980 CanLII 23 (SCC), 114 D.L.R. (3d) 1 , (S.C.C.).

Other Questions


What is the impact of the absence of protective legal advice on a claim for personal injury? (Newfoundland and Labrador, Canada)
What is the standard of review in the context of a child protection matter? (Newfoundland and Labrador, Canada)
What is the test for privacy protection in the context of the Charter of Canada? (Newfoundland and Labrador, Canada)
How has the court considered substantial funds available to a severely disabled adult in being satisfied that the table amount of child support was inappropriate? (Newfoundland and Labrador, Canada)
In what circumstances will next of kin be able to claim a beneficial interest in the estate of a deceased person? (Newfoundland and Labrador, Canada)
Can an oral agreement be rescinded if it is not in writing? (Newfoundland and Labrador, Canada)
When will an injunction be obeyed implicitly? (Newfoundland and Labrador, Canada)
Is there a presumption that a lawyer subject to a lateral transfer received relevant confidential information? (Newfoundland and Labrador, Canada)
How is retroactive support calculated using the current tables in the calculation of pre-judgment interest? (Newfoundland and Labrador, Canada)
What is the normal procedure for a jury to be discharged and a retrial ordered? (Newfoundland and Labrador, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.