What is the test for establishing a fiduciary relationship between a physician and a patient?
British Columbia, Canada
The following excerpt is from Complainant v. College of Physicians and Surgeons of British Columbia, 2015 BCHPRB 3 (CanLII):
Review Board Decision No. 2010-HPA-0016(a) (2010 BCHPRB 29) para. [3] refers to this principle by reference to McInerney v. MacDonald, 1992 CanLII 57 (SCC), [1992] 2 S.C.R. 138 at para. [19] and provides a lengthy quote, all of which is relevant in this case and from which I have extracted the following in summary: …characterized the physician-patient relationship as “fiduciary and confidential”, and went on to say: “It is the same relationship as that which exists in equity between a parent and his child, a man and his wife, an attorney and his client…
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