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ARTICLE · 03 JUNE 2022

Wrongful Life Claims: An Update From The SCC

Borden Ladner Gervais LLP
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On March 24, 2022, the Supreme Court of Canada (SCC) refused leave to appeal from the Ontario Court of Appeal's (ONCA) decision in Florence v Benzaquen, 2021 ONCA 523 (Florence).

CanadaLitigation, Mediation & Arbitration
Raphael Jacob
Raphael Jacob
Justine Blanchet
Justine Blanchet
Emily Paslawski
Emily Paslawski
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On March 24, 2022, the Supreme Court of Canada (SCC) refused leave to appeal from the Ontario Court of Appeal's (ONCA) decision in Florence v Benzaquen, 2021 ONCA 523 (Florence). This decision effectively closes the door on claims of physician negligence towards future children, or children prior to conception, often known as "wrongful life" claims. Wrongful life claims involve claims by a child against a physician or other medical provider, resulting from birth defects. The child claims that but for the negligence of the medical provider, they would not have been born (and suffered injuries). These claims differ from claims for personal injury to the infant (or mother) arising from negligent care during the pregnancy and/or delivery.

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