The plaintiff gave birth to triplets prematurely, who were diagnosed with cerebral palsy. The plaintiff and the triplets sued her OBGYN in relation to prescription of a certain fertility drug prescribed prior to conception of the triplets. The defendant OBGYN brought a motion to strike the claims of the triplets, arguing that a person cannot owe a duty of care to a future child where the alleged negligence occurred prior to conception. The claim as framed in the pleading was that the OBGYN was negligent in prescribing the fertility drug to the plaintiff and that but for that negligence, the triplets would not have been born. Justice Wilson reviewed the Canadian and English jurisprudence on wrongful life / wrongful birth claims and held that Ontario law did not recognize such claims. While the claims of the plaintiff mother could proceed, the claims by the triplets were struck without leave to amend.
