Norberg v Wynrib

Norberg v Wynrib, [1992] 2 SCR 226 is a leading Supreme Court of Canada decision on the fiduciary duty between doctors and patients, and on the limits of consent as a defence in sexual assault.

After the source of her pain, an abscessed tooth, was found and treated, her addiction to painkillers remained.

The British Columbia Court of Appeal dismissed the case on the basis that she consented.

Writing for the majority, La Forest J found an award of punitive damages on behalf of Norberg, but stops short of recognizing a fiduciary duty.

Even though the majority discusses consent and its vitiation, they still treat the facts as an exchange between two parties.