Date: Thu, 5 Aug 2004 11:09:48 -0400

From: Stephen Waddams

Subject: Wrongful birth

There is a recent decision of the BCSC on the wrongful birth question that I think is worthy of note: Bevilacqua v. Altenkirk, 2004 BCSC 945, July 14, 2004 (failed vasectomy). Groberman J gives an extensive survey of (I think) all the arguments in the recent cases, concluding with an award that he calls 'essentially non-pecuniary in nature' of $30,000 to the mother and $20,000 to the father. He says he is not following Rees since a 'purely conventional' award is 'contrary to principle', but he also says that the amount of the present award is 'arbitrary ... to some degree'. Perhaps Rees may be explained as compensation for non-pecuniary loss (loss of autonomy?).

Stephen Waddams

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