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Preconception Medical Duties: A Co-extensive Duty of Care Framework

  • Author / Creator
    Sabzevari, Aminollah
  • The question of whether a duty of care can be owed to a born alive child for preconception medical care was examined and answered negatively by the Ontario Court of Appeal in Bovingdon (Litigation Guardian of) v. Hergott (2008) and Paxton v. Ramji (2008). In this thesis, I review the relevant Canadian cases and conduct a thorough Anns test analysis of the proposed duty of care. I disagree with the conclusion in Bovingdon and Paxton and I suggest a framework for co-extensive duties of care that is suitable for both prenatal and preconception medical care.

  • Subjects / Keywords
  • Graduation date
    2013-06
  • Type of Item
    Thesis
  • Degree
    Master of Laws
  • DOI
    https://doi.org/10.7939/R34J0B31K
  • License
    This thesis is made available by the University of Alberta Libraries with permission of the copyright owner solely for non-commercial purposes. This thesis, or any portion thereof, may not otherwise be copied or reproduced without the written consent of the copyright owner, except to the extent permitted by Canadian copyright law.
  • Language
    English
  • Institution
    University of Alberta
  • Degree level
    Master's
  • Department
    • Faculty of Law
  • Supervisor / co-supervisor and their department(s)
    • Robertson, Gerald (Law)
  • Examining committee members and their departments
    • McInnes, Mitchell (Law)
    • Robertson, Gerald (Law)