substitute decision-maker

Bentley v Maplewood: Consenting to Live

The common law tort of battery is defined as any “non-trivial contact.” In medical malpractice, an action for battery may be brought where medical treatment is given without the consent of the patient. In Bentley v Maplewood, 2015 BCCA 91 [Bentley], the British Columbia Court of Appeal (“BCCA”) had to decide whether attendants in a […]

Rasouli’s consent required to withdraw life support, SCC rules

Mr. Rasouli has been in a persistent vegetative state at Sunnybrook Health Sciences Centre (“Sunnybrook”) since October 2010. For the past three years, he has been kept alive by way of mechanical ventilation and artificial nutrition and hydration. His doctors saw no prospect of recovery, and sought to withdraw Mr. Rasouli’s life support in order […]