Can a stillborn baby be considered a "person" in the context of the Family Law Reform Act?

Ontario, Canada


The following excerpt is from Musselman et al v. 875667 Ontario Inc. et al, 2010 ONSC 3177 (CanLII):

[259] In Paul et al v. Kurdyak, MacKinnon A.C.J.O. stated: When the Family Law Reform Act is looked at as a whole it is clear that a “person” in section 60 refers to a living person and a fetus does not fall within that definition either under the Act or at common law if it is stillborn. If there is to be a change in the law in our view it will have to be done by the legislature and there are a number of complicated and difficult issues to be resolved if that course were to be followed. It may be noted that references to section 60 of the Family Law Reform Act in the earlier cases may be viewed as references to section 61 of the Family Law Act which replaced the Family Law Reform Act.

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