In what circumstances have courts considered an ex parte injunction preventing an unborn child from performing or undergoing an abortion?
British Columbia, Canada
The following excerpt is from D. (D.) v. F. (V.), 2001 BCSC 1419 (CanLII):
In Ontario, the matter was considered by the High Court of Justice in Medhurst v. Medhurst, 46 O.R. (2d) p. 263. That decision was rendered by Mr. Justice Reid in 1984. A headnote of that decision begins with this observation. The father of an unborn child commenced an action on his own behalf, and on behalf of the unborn child against his wife, her physician and the hospital, and obtained an ex parte injunction preventing them from performing or undergoing an abortion until further order of the court, which could be sought on two day’s notice. The wife moved to have the order rescinded. Held the order should be rescinded.
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