In what circumstances will a plaintiff be able to bring a claim for non-pathological emotional harm from unplanned parenthood?
Ontario, Canada
The following excerpt is from PP v DD, 2016 ONSC 258 (CanLII):
Analogous to the situation that presented itself in Frame v. Smith, PP technically has a tort claim, but given its distinctive feature of non-pathological emotional harm from unplanned parenthood, the claim presents itself as a novel claim, and the question then becomes whether this novel type of claim should be permitted. In my opinion, the answer to this question is no.
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