What is the test for informed consent?

From paragraph 29 of the Bafaro v. Dowd decision, I quote: “It is well-established that the invariable practice of a professional can be given significant weight”. This decision is also authority for the test related to informed consent, which is, whether a reasonable person would have consented to the proposed treatment if the attendant risks and alternatives had been disclosed.

Ares v. Venner, 1970 CanLII 5 (SCC), [1970] S.C.J. No. 26 sets out that records, such as the defendant’s clinical notes made contemporaneously, should be received in evidence as prima facie of the facts stated therein.

Harrison v. Stephany, [2002] B.C.J. No. 2648 is a case wherein the doctor had no recollection of the procedure, but kept detailed clinical notes. The notes were accepted and no fault was inferred from the doctor’s inability to recollect.