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ARTICLE · 27 JULY 2021

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Court Of Appeal Summaries (July 19-23)

Blaney McMurtry LLP
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Following are this week's summaries of the Court of Appeal for Ontario for the week of July 19, 2021.

CanadaLitigation, Mediation & Arbitration
John Polyzogopoulos
John Polyzogopoulos
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Good afternoon.

Following are this week's summaries of the Court of Appeal for Ontario for the week of July 19, 2021.

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In Florence v Benzaguen, the Court grappled with the issue of whether it is settled law in Ontario that doctors do not owe a duty of care to an unborn child pre-conception. After their mother was prescribed a fertility drug that was allegedly contraindicated, the Appellant triplets were born prematurely and have serious disabilities. The majority struck the Appellants' claim of negligence, holding that no duty of care is not recognized at law. The relationship between a doctor and an unborn child pre-conception lacks the necessary proximity to create a duty of care. The majority also adopted the recognized public policy concern of the conflict of interest that would be created if a doctor owed a concurrent duty of care to the patient and their future child. In dissent, Fairburn A.C.J.O. held that this issue was not settled law

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