COVID-19 Update — To assist in our community’s collective effort to combat COVID-19, our physical offices are operating on a restricted basis. Although we are limiting attendance at our office by both firm members and clients, we remain otherwise fully operational and look forward to continuing to provide the highest level of legal services to our clients. Read our full response notice here.

A recent Ontario case, P.P. v D.D., shed light on whether the parent of a child may be able to sue the other parent for emotional damages resulting from unplanned parenthood.

P.P. and D.D. had a casual relationship that resulted in conception of a child. P.P, a doctor, claimed that D.D. had been dishonest with him about taking birth control regularly and had “…brought about her pregnancy by deception”. He brought a lawsuit against her, claiming that, “…he wanted to meet a woman, fall in love, get married, enjoy his life as a husband with this wife and then, when he and his wife thought the time was ‘right’, to have a baby. The deceptions by D.D. deprived P.P. of the benefit of that chance.”

The court ruled that P.P.’s claim that he had suffered emotional harm as a result of the unplanned pregnancy caused by D.D.’s misrepresentation regarding birth control was not a recognized basis for a legal claim. P.P’s lawsuit was dismissed and he was ordered to pay costs to D.D.

On his own initiative, the judge ordered that the parties be identified only by their initials, that the child’s name and gender be redacted from the decision and that the file be sealed, aside from the judgment, to prevent the child from coming across it in the future.

This case is an interesting read and a good example of the ways in which courts approach being asked to interpret novel issues.

Contact Us

2 St Clair Ave West
Suite 1700
Toronto, ON M4V 1L5
Canada

Phone: (416) 863-0125

Fax: (416) 863-3997

Questions? Send us an email.

    Sending an e-mail to us will not make us your lawyers. You will not be considered a client of Mills & Mills LLP until we have agreed to act for you in accordance with our usual policies for accepting clients. No information we provide to you can be treated by you as legal advice, unless and until we have agreed to act for you. Confidential or time-sensitive information should not be sent through this form.