Jurisdictional contortions in favor of proportionality
10 February 2023
What are the ethical obligations of professionals when they are not acting within the scope of their professional duties?
The Court of Quebec recently analyzed “vicious” and “vehement” comments made by a physician regarding a former patient in the context of a dispute between the patient and the physician and his daughter. Refusing to concede defeat on procedural hurdles, the judge uses her judicial discretion to deal with issues of jurisdiction, medical ethics, quantification of moral damages and breach of integrity. This decision thus demonstrates the importance of justice and the principle of proportionality in our judicial system.
Our colleague Geneviève Gaudet comments on the decision available here : eyb2023rep3569 (In French).