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50 U.N.B.L.J. 215 (2001)
Doing Our Duty: The Case for a Duty of Disclosure to Prevent Death or Serious Harm

handle is hein.journals/unblj50 and id is 219 raw text is: DOING OUR DUTY: THE CASE FOR A DUTY OF DISCLOSURE TO PREVENT DEATH OR SERIOUS HARM Adam M. Dodek* Prelude A.' You are a social worker or a psychologist or perhaps a doctor treating a patient with a history of domestic violence who is in the midst of a bitter matrimonial dispute. During the course of treatment, your patient threatens to murder his estranged wife. Based on the information that you have received from your client, you have reasonable grounds to believe that your client will carry out this threat. What should you do? Must you warn the potential victim or call the police? B.2 You are a lawyer acting for the husband with a history of domestic violence in a bitter matrimonial dispute. Your client threatens to murder his estranged wife if he is unsuccessful in the case. You have reasonable grounds to believe that your client will carry out this threat. What should you do? What must you do? Must you warn the potential victim or call the police? B.A. (McGill), J.D. (Harvard), S.J.D. Candidate (Toronto). Associate, Borden Ladner Gervais LLP. I am gratefulto Chris Bredt, Austin Cooper, Q.C. and Jeremy Fraiberg for taking the time to read earlier drafts of this article and provide helpful comments. I would also like to thank the lawyers and non- lawyers who took the time to share their experiences with me on the difficult issue on what must a professional do when faced with a dangerous situation. Thank you to Lois Block, Daniel Dodek, Morton Dodek, Noah Dodek, Peter Dodek, Dafna Izenberg, Kara Moscovitz, Kerry Moscovitz, Liza Schneiderman, and Tamara Sussman. This article is dedicated to Marvin Frankel who does not realize how much his encouragement and belief in me has meant to me. Thank you so much, Marvin. 'This example is adapted from the facts of the Tarasoffcase, see Tarasoff v. Regents of the University of California, 551 P.2d 334 (Ca. 1976). 2This example is taken from Sir Thomas Lund's 1956 lectures to the Law Society of Upper Canada (see infra note 4 at 47) and repeated in his 1960 Law Society (England) lectures (A Guide to the Professional Conduct andEtiquette ofSolicitors (London: The Law Society, 1960) at 103)) which greatly influenced the development of the rules of professional conduct in Canada viz. through their recital by M.M. Orkin in Legal Ethics (Toronto: Cartright & Sons, 1957) and the subsequent adoption of the Code of Professional Conduct by the Canadian Bar Association in 1974 which was greatly influenced by Orkin's work.