Is there a breach of the duty to disclose material or special or unusual risks?
Ontario, Canada
The following excerpt is from Leblanc v. Hunt et al., 2011 ONSC 1333 (CanLII):
The question of whether a risk is material and whether there has been a breach of the duty to disclose material or special or unusual risks involves consideration of the professional standards of the medical profession at the time: see Hopp v. Lepp, 1980 CanLII 14 (SCC), [1980] 2 S.C.R. 192.
Physicians have a duty to conduct their practice, including the disclosure of risks, in accordance with the conduct of a prudent and diligent doctor in the same circumstances: see ter Neuzen v. Korn, 1995 CanLII 72 (SCC), [1995] 3 S.C.R. 674.
In response to a summary judgment motion such as this one, a plaintiff is required to adduce expert evidence. The case of Samuel v. Ho instructs as follows, at paras. 27-28:
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