In what circumstances will a plaintiff be denied damages for the cost of raising a child?
British Columbia, Canada
The following excerpt is from Bevilacqua v. Altenkirk, 2004 BCSC 945 (CanLII):
In Keats v. Pearce (1984), 48 Nfld. & P.E.I.R. 102 (Nfld. S.C.T.D.), the court denied the plaintiff damages for the cost of raising a child, reasoning that if the plaintiff “truly did not want the child, with all the blessings and burdens entailed, she could have terminated her responsibility and relationship to the child by arranging for an adoption before or after she was delivered.” Thus, the court ruled that assuming damages could be shown, they could also have been eliminated through mitigation.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When a child is attending school away from home, is the child's child entitled to child support? (British Columbia, Canada)
In what circumstances will a plaintiff be denied a claim for damages for loss of future earning capacity? (British Columbia, Canada)
Does the fact that an expense relates to an extracurricular activity bring the amount of child support under s. 7 of the Child Support Guidelines (e.g. expenses) into s.7 of the child support table? (British Columbia, Canada)
In what circumstances will a court issue a special levy to repair a damaged or damaged property? (British Columbia, Canada)
What is the test for determining whether a child is still a "child" when it comes to child support? (British Columbia, Canada)
What is the test for determining whether a child who has reached the age of majority but attends post-secondary school remains a child of the marriage and is entitled to child support? (British Columbia, Canada)
Is a plaintiff entitled to be treated as a thin-skulled plaintiff for the purpose of damage assessment? (British Columbia, Canada)
In what circumstances will a plaintiff recover damages for nervous shock? (British Columbia, Canada)
In what circumstances will the Supreme Court of Canada allow a plaintiff to seek damages for unjust enrichment? (British Columbia, Canada)
What is the test for obtaining an order to remove a child from the custody of the child and place the child on a permanent basis? (British Columbia, Canada)
