From: | DAVID CHEIFETZ <davidcheifetz@rogers.com> |
To: | Barbara Legate <blegate@legate.ca> |
obligations@uwo.ca | |
Date: | 22/06/2010 15:18:35 UTC |
Subject: | Re: ODG - Liebig v Guelph General et al Ont CA |
[17] It is undesirable for us to do so since all that we have before us is a sparse record consisting only of the pleadings in what, in law, amounts to a routine case easily decided on the basis of a well-established principle.[18] Our refusal to engage in making the kind of sweeping statements requested by the parties ...
[14] We recognize that, in the future, the reasoning in Bovingdon and Paxton may be brought to bear in other cases involving post-conception negligence. Indeed, in written and oral argument, counsel ventured opinions on a wide range of issues and possible scenarios extending well beyond the narrow compass of the facts of this case.
[15] However, in our view, it is neither necessary nor desirable for this court in this case to attempt to set out comprehensively the duties owed and the potential liability of heath care providers in relation to all manner of injuries to infants arising from negligence before birth.
[16] It is unnecessary as the facts of this case fall within the familiar and well-established category of labour and delivery cases where it has never been seriously questioned that negligent health care providers are liable. As we can decide this case on the basis of this body of case law, we need not venture into less familiar territory or speculate as to how the law might evolve with respect to other scenarios.
Fetus born alive can still sue in Ontario . Unanimous panel of 5, including author of Paxton v Ramji (accutane case) and Bovingdon (clomid case) was on the panel.
http://www.ontariocourts.on.ca/decisions/2010/june/2010ONCA0450.htm
No Cooper-Anns analysis needed for a “garden variety” claim.
Cheers
Barb
Fetus born alive can still sue in Ontario . Unanimous panel of 5, including author of Paxton v Ramji (accutane case) and Bovingdon (clomid case) was on the panel.
http://www.ontariocourts.on.ca/decisions/2010/june/2010ONCA0450.htm
No Cooper-Anns analysis needed for a “garden variety” claim.
Cheers
Barb