Ontario Court of Appeal, “Malette v. Shulman (1990), 72 O.R. (2d) 417; 67 D.L.R. (4th) 321 (C.A.)”
“there was no reason not to regard this card as a valid advance directive. Its instructions were clear, precise and unequivocal and manifested a calculated decision to reject a procedure offensive to the patient's religious convictions.”
Doctor transfused an unconscious accident victim (30 June 1979) despite her Jehovah's Witness card; held to be battery; $20,000 general damages upheld.
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Provenance and verification note for Ontario Court of Appeal, Malette v. Shulman (1990), 72 O.R. (2d) 417; 67 D.L.R. (4th) 321 (C.A.)
Confidence note. CanLII (official) returned 403; opened the reproduced judgment text on globalhealthrights.org. Facts corroborated by CanLII Connects and McGill Law Journal summaries in search results. Judgment date from secondary sources.
Scan provenance. Judgment text reproduced on globalhealthrights.org (Lawyers Collective / O'Neill Institute)
Notes. A court vindicating an adult's refusal; the patient survived.
Accessed. 19 September 2026 · Source ID. src-onca-1990-malette-v-shulman