Although a lawsuit put forth by a doctor, who claimed his ex-partner “fraudulently got pregnant” is an interesting story, it is not something that any reputable family lawyer would ever consider accepting. This is due to the inescapable fact that the law is not designed to address every imaginable complaint. There are going to be situations in which an individual simply has no choice but to deal with the problem on their own. The law cannot be an arbitrator in every matter between two combative parties.
The story of this Toronto doctor, who sued their one-time partner for approximately $4-million, has many elements that must be considered carefully.
When the doctor in question sued their ex-partner for $4-million, he alleged deceit, fraud, and even fraudulent misrepresentation. However, the court was unwilling to accept the statement of claim. The doctor then attempted a second effort before the Ontario Court of Appeals. At the heart of this case was the man’s complaint that the woman had lied to him about taking birth control, after they had engaged in intercourse without condoms on a number of occasions.
Ultimately, the case came down to whether or not the aggrieved father-to-be was entitled to damages for what can essentially be described as involuntary parenthood. The panel of appeal judges decided that he was not entitled to such damages.
It seems likely that the doctor would understand that even with birth control, we are not talking about something with a 100% chance of avoiding a pregnancy. However extraordinary the odds might be of a pregnancy occurring, one cannot lose sight of the fact that those odds nonetheless exist. It could be argued that one should make it a point to understand the range of possibilities that can occur during a sexual relationship between consenting adults. Therefore, even if the outcome was something the doctor didn’t necessarily plan for, it is not the responsibility of his ex-lover to make sure he understands every potential outcome to their actions.
In the end, the welfare of the child is the most important thing. Beyond the failure of his $4-million dollar lawsuit, the doctor has taken on the responsibilities inherent in bringing a child into the world. He is currently paying child support, and it would appear that the doctor is also making a sincere effort to be part of the child’s life. Despite pursuing the lawsuit in the first place, one must see these developments as positive.
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