Jeremy M. Syrtash

The defendants brought a motion for summary judgment to dismiss the plaintiffs' claims arising from the birth of a child with spina bifida.

The defendants argued the mother's wrongful birth claim was statute-barred and the child's wrongful life claim disclosed no cause of action.

The court dismissed the motion regarding the wrongful birth claim, finding a genuine issue for trial regarding whether the limitation period was tolled due to the mother's reliance on the doctor's alleged misrepresentation that the ultrasound was clear.

The court granted the motion to dismiss the wrongful life claim, confirming settled law that a physician does not owe a duty of care to a future child for a lack of informed consent to the mother.

The plaintiff was successful on an unopposed motion to amend the statement of claim to substitute the names of previously unidentified defendants.

The defendant Torrecampo opposed the motion without evidence of prejudice, leading to unnecessary cross-examinations and wasted time.

The court awarded the plaintiff partial indemnity costs of $9,000 plus HST and disbursements, finding the amount reasonable and proportionate under the Rules of Civil Procedure.