Legal Commentary on Rasouli v. Sunnybrook

Rahool Agarwal, an attorney in the Toronto office of the global law firm Norton Rose, has posted a brief commentary on the recent Ontario Court of Appeal decision in Rasouli v Sunnybrook Health Sciences Centre.  He notes several issues that remain open and unsettled:

• "[P]hysicians may be left guessing as to whether their treatment proposal is closer to the chemotherapy example, where consent would not be required, or the situation in Rasouli."


• "[A]bsent from the court’s decision is any acknowledgment that applying to the Consent and Capacity Board is not always desirable."


• "[B]ecause the court viewed the Act as providing a complete answer to the parties’ dispute, it did not review the Canadian common law regarding consent . . . ."


• "[W]hether the Charter applies to the actions and decisions of doctors has not yet been adequately analyzed."