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Torts – Negligence – Informed consent – Standard of Care -- What possibilities of risks give rise to an obligation on non-physician medical practitioners such as a chiropractor to inform and disclose to patients a risk of harm arising from treatment – Whether trial judges can select a standard of care for particular injuries that is not based on a professional body of opinion.

In 2002, the respondent injured his back pulling heavy cable while working as an apprentice electrician. The next day, he was unable to resume work and was taken by his employer to the applicant’s chiropractic clinic. The applicant diagnosed a sacroiliac joint sprain with a differential diagnosis of injury to a lumbar intervertebral disc. The applicant performed spinal manipulation therapy. The next day the respondent returned without improvement. After an interactive reassessment, the applicant performed a second chiropractic adjustment. Two days later the respondent experienced numbness in his saddle area and could not feel his legs. He was taken to the hospital by ambulance and was diagnosed with cauda equine syndrome, a rare neurological condition. Although intervertebral disc injury was mentioned in a consent form signed by the respondent and mentioned in discussions with the respondent, the risk of CES was not disclosed. After emergency surgery, the respondent suffers permanent impairment to his lower body functions, chronic pain, periodic bladder and bowel incontinence, and partial sexual dysfunction, leg weakness, failed back syndrome, lower back stiffness and spasms.. He has not worked since September 27, 2002.