Canadalawcourts.com - Canadian Medical Doctor Disclosure and Consent Law

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Justice Blair said:

[20] Mr. Post.nikoff also signed a consent when he attended at the Hospital on November 25, 1994, in which he confirmed that his physician had explained the effect and nature of the vasectomy procedure and stated that he was satisfied with these explanations and understood them. "Blair, J." BLAIR J.

B.C. Court of Appeal Madam Justice Ryan said:

[10] Mr. Post.nikoff also signed a consent when he attended at the Hospital on November 25, 1994, in which he confirmed that his physician had explained the effect and nature of the vasectomy procedure and stated that he was satisfied with these explanations and understood them...."Madam Justice Ryan, B.C. Court of Appeal"

WARNING!

The Plaintiff and his wife signed nothing as no disclosure was made. Absolutely no inference of an informed consent can be taken from a hospital consent form that contained no mention of risk. Expert evidence that failed to see any submissions made by the Plaintiff have no credibility. Fraud is claimed on an alleged consent and alleged evidence that failed to appear. The doctors failed to produce verifiable nor measured evidence of alleged disclosure. Justice Blair lacks all credibility.

The Law before Justice Blair within a "Book of Authorities"

(Canadian Law of Consent and Treatment - Second Edition - Lorne E. Rozovsky at pp 134.) "The fact that a patient has signed a document that purports to demonstrate that he or she has consented to a particular treatment is evidence of consent. It is not conclusive of consent. Consent is a process by which the various necessary criteria for a valid consent are filled. A document which states that the patient has consented does not provide evidence that the various criteria, such as being advised of the risks, have been fulfilled. Even a statement saying that the patient has been advised does not fulfill this criterion, since the patient was not in a position to know whether he or she was fully informed or not. While a consent document signed by the patient may be considered prima facie proof of a fully informed and valid consent, evidence that one or more of the criteria have not been fulfilled destroys its effectiveness. Therefore, the defendant presenting such a document should be prepared to provide additional evidence in support of the criteria which make up a valid consent process."

Take Note: Justice Blair made serious unsupported allegations that alleged experts employed by the doctors claimed an informed consent. Absolutely no inference can be taken from alleged doctor experts who provided him with some form of evidence that an informed consent was provided or any discussions had taken place, when these alleged discussions had not. Experts hired by the doctors, who failed to see any evidence from the Plaintiff, when fraud is claimed have absolutely no credibility. Fraud is claimed on an alleged consent. Fraud is claimed on judges allegations that failed to appear anywhere in the evidence.

Justice Blair said:

[16] However, I find that the material provides me with the requisite base upon which to reach conclusions on the issue of consent. "Blair, J." BLAIR J.

B.C. Supreme Court Judge Blair made serious unsupported allegations. Fraud is claimed.

The Plaintiff requested a trial: (From real court documents before Justice Blair)

40. It is respectfully submitted that the Notice of Motion be set aside on the grounds that the Honourable Court should be allowed to examine all the material facts and all the evidence that is to be presented at the trial and the examination of all the witnesses; and that a proper examination of the evidence and the facts may not be possible during this Notice of Motion. Important details that I wish to present to the Honourable Court to assist the Honourable Court in making its final ruling.

40.(sic) I respectfully request that the Notice of Motion be set aside so that the defendants Dr. Philip Anthony White and Dr. Donald Ray Morrow; The Kelowna and District Hospital Society provide its nurses, emergency room physician and all persons having first hand, direct or personal knowledge of the facts so they are available to me by the defendants for cross examination at trial.

The Prime Minister of Canada must request that Right Honourable Beverley McLachlin, P.C., C.J.C, Chief Justice of Canada and The Honourable Coulter A. Osborne; Associate Chief Justice of Ontario resign immediately. Then the Prime Minister should be held to account for his decisions.

Question 6:	Expert Answer 6:
6) Within his affidavit did Dr. Philip Anthony White provide any documented evidence or signed disclosure forms that supported his claim that risk had been disclosed or discussed?	6) There are no disclosure forms or other signed documents by Paul Post.nikoff confirming that risks had been disclosed or discussed. ... John David McGreevy, Barrister & Solicitor.

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	Justice Richard Blair must be removed from the Supreme Court.
	Justice Richard Blair is evidence that he can be a fraud and a judge.