In what circumstances have damages been awarded for wrongful birth?

British Columbia, Canada


The following excerpt is from Bevilacqua v. Altenkirk, 2004 BCSC 945 (CanLII):

In Cherry v. Borsman, pecuniary damages were awarded, but only in respect of the extra costs of raising the child that arose as a result of harm that the defendant inflicted on the foetus. In effect, no pecuniary losses were awarded for wrongful birth; the pecuniary losses that were awarded were in respect of personal injuries to the child. Again, the case is consistent with the approach I propose to take.

Other Questions


What is the current state of the law in common law where no damages can be awarded for wrongful birth? (British Columbia, Canada)
Is a jury’s appreciation of pain, suffering and loss of amenities wrong if the award does not fall within the range of awards for non-pecuniary damages? (British Columbia, Canada)
In a case based on an allegation of wrongful dismissal, in what circumstances will the court award damages for loss of time, loss of contribution to the company? (British Columbia, Canada)
In what circumstances will a court certify a common issue on waiver of tort but not award punitive damages? (British Columbia, Canada)
In what circumstances will a judge award damages of more than £200,000 to a plaintiff in a defamation action brought by a defendant who used justification and qualified privilege? (British Columbia, Canada)
In what circumstances will an author be awarded damages for refusing to supply the balance of his manuscript to a publisher? (British Columbia, Canada)
In what circumstances will a plaintiff be awarded damages for loss of future earning capacity? (British Columbia, Canada)
What is the range of damages for wrongful death in a wrongful death action? (British Columbia, Canada)
In what circumstances will a plaintiff be awarded damages from the Church of Scientology for breach of the terms of an oath of trust? (British Columbia, Canada)
In what circumstances will a judge award a special costs award for an unsuccessful claim? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.