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A physician owes no duty of care to unconceived children for alleged negligence in prescribing fertility drugs to their mother.
The defendant physician brought a Rule 21 motion to strike the claims of the infant plaintiffs (triplets) for "wrongful life." The claims arose from the physician's alleged negligence in prescribing a fertility drug to the mother, leading to multiple births and premature delivery, resulting in the triplets' serious disabilities.
The court, applying established Ontario jurisprudence, found no duty of care owed by the physician to unconceived children, as the alleged negligence occurred prior to conception.
The motion was granted, and the infant plaintiffs' claims were dismissed without leave to amend.
The court ordered a Rule 21 motion to strike wrongful life claims to be heard prior to trial.
In a medical negligence action concerning the birth of triplets with severe disabilities, the defendant Dr. Benzaquen brought a Rule 21 motion to dismiss the infant plaintiffs' "wrongful life" claims.
The plaintiffs argued the motion required a full evidentiary record and should be heard at trial.
The court determined that Rule 21 motions, which address questions of law on the pleadings, should generally be heard at the earliest date, prior to trial, to potentially dispose of claims or substantially shorten the trial.
The judge directed counsel to schedule the motion for October 2019 and confirmed a new trial date for March 2021, allowing for potential appeals of the motion decision before the lengthy trial.
