The appellant was driving while pregnant and was involved in a motor vehicle accident, allegedly due to her negligence.
Her child was subsequently born alive but suffered permanent injuries resulting from the accident.
The child, through his litigation guardian, sued the mother in tort.
The Supreme Court of Canada held that a mother cannot be held liable in tort for damages to her child arising from a prenatal negligent act.
Imposing such a duty of care would result in unacceptable intrusions into the bodily integrity, privacy, and autonomy rights of pregnant women.
