Man files suit for wrongful pregnancy and birth

Had the plaintiff succeeded, it would have been an historic, precedent-setting case. Recently, a Toronto doctor, 42, impregnated a woman, a fellow medical practitioner who was 37, over the course of their short relationship.

The woman had purportedly been taking birth control pills, and the man had no intention of fathering a child with her. Upon discovering after they had stopped have sexual relations but remained friends that she was pregnant and intended to have his baby, he sued her.

The male doctor sued his former paramour for “non-pathological emotional harm of an unplanned parenthood,” asking for damages in excess of $4 million.

However, the Superior Court Justice presiding over the matter tossed out the man’s statement of claim earlier this month. He did not permit plaintiff to amend his claim, determining that no legal basis existed for his legal action.

The lawyer for the defendant and mother characterized the matter as “a claim for wrongful pregnancy and birth.” The woman now is mom to a 10-month-old baby, and reportedly was pleased with the court’s decision.

In an 18-page ruling, the judge wrote that plaintiff was “emotionally harmed because he was deprived of the choice of falling in love, marrying, . . . and, when . . . ‘the time was right,’ having a baby.” The judge noted that as the baby’s father was already paying child support, his petition was not an attempt to dodge his support obligation.

While this case was indeed unusual, many complex scenarios involving custody and child support matter play out daily in the Ontario courts. Seeking the guidance of an experienced family lawyer is a good idea when you have a pending matter in the family court system.

Source: The Star, “Doctor sues mother of his child for emotional damages,” Jacques Gallant, Jan. 16, 2016

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