What is the test for determining whether a tortfeasor has made a reasonable choice not to abort a child or put the child up for adoption?

British Columbia, Canada


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

As the plaintiffs suggest, these various decisions are the plaintiffs’ alone to make. The proposition that the court should avoid evaluation of them is an inviting one. In the end, however, I am persuaded that the court cannot avoid making such determinations. In Kealey v. Berezowski, Lax J. dealt with a similar argument concerning the parents’ decision not to abort a child or put her up for adoption. At 741, she commented: I accept that this was their decision to make and that a court should not ordinarily inquire into the reasons which informed these very personal choices. However, when parents ask a court to be relieved of the consequences of those choices, I think it is appropriate for a court to ask whether it was reasonable in the circumstances to have made those choices. If the answer is only that notwithstanding these choices, they have suffered a foreseeable loss, it is my view that this is an insufficient reason to impose the responsibilities which are at issue here on the tortfeasor.

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