The Supreme Court of Canada last grappled with a medical futility case in 2013 when it issued a judgment in Cuthbertson v. Rasouli. Now, a Montreal family is seeking review of another case.
In December 2024, the Quebec Court of Appeal affirmed a Quebec Superior Court judgment permitting McGill University Health Center to withdraw life-sustaining treatment over the objections of a patient's sister and agent.
The 77-year-old patient suffered an anoxic brain injury leaving him in a persistent vegetative state. His "physical condition is more than fragile, such that the care he is receiving is not only futile, but also contrary to his best interests. In short, his state of health is irreversible and his death inevitable."
Given this situation, the court found the agent's refusal of the recommended comfort only care plan was "unreasonable and unjustified." Because the clinical facts were so compelling, the court found the agent was clearly acting outside her authority. Still, the court chastised the hospital for failing to obtain a independent second opinion before seeking judicial review.
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