The parents of a child born with Down syndrome sued the mother's doctor for failing to advise her of testing that would have revealed the condition.
The trial judge awarded damages for the child's care up to age 19, plus an $80,000 contingency for adult care, finding that the state would cover adult group home costs.
The Court of Appeal increased the award, holding that post-trial amendments to the Family Relations Act made the parents legally responsible for adult care.
The Supreme Court of Canada allowed the doctor's appeal and restored the trial judgment, concluding that the child would withdraw from the parents' charge upon entering a group home, meaning the statutory support obligation would not apply and the state would bear the costs.
