Abstract
Two physicians treat a patient. They believe the patient's weakness in his legs and the lack of agility in his hands and neck do not allow him to drive safely. The physicians tell their patient not to drive. In their judgment, the patient can be trusted not to drive and, therefore, poses no risk to the public. In fact, the patient does drive causing an accident. The injured party successfully sues the physicians, along with others, for over $600,000 in damages because the physicians failed to report their patient to the authorities under the Highway traffic Act. The Ontario Court of Appeal states that it is no excuse for the physicians to fail to report their patient on the basis that a practice had developed in the profession not to report every case.
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