Dear Colleagues:

Some of you might be interested in the Ontario Court of Appeal's

decision in Paxton v. Ramji, 2008 ONCA 697

(http://www.ontariocourts.on.ca/decisions/2008/october/2008ONCA0697.htm).

In that case the court decided that doctors do not owe a duty of care to

a  future child of a female patient when prescribing drugs that are

known to cause fetal malformation since to do so would undermine the

doctor's duty to the mother and undermine the principle that legal

personality is ascribed at birth.

Sincerely,

--

Jason Neyers

Associate Professor of Law &

Cassels Brock LLP Faculty Fellow in Contract Law

Faculty of Law

University of Western Ontario

N6A 3K7

(519) 661-2111 x. 88435