Authorities referred to
Feldthusen, B., “Supressing Damages in Involuntary Parenthood Actions” (2014),
29 Can. J. Family Law 11
Law Reform Commission of Canada, Report on Family Law (Ottawa: Information
Linden, A.M., and B. Feldthusen, Canadian Tort Law (10th ed.) (Toronto:
Mason, J.K., The Troubled Pregnancy: Legal Wrongs and Rights in Reproduction
(Cambridge: CUP, 2007)
Payne, A.M., “Sexual Partner’s Tort Liability to other Partner for Fraudulent
Misrepresentation Regarding Sterility or Use of Birth Control Resulting in
Pregnancy” (1992), 2 A.L.R. 5th 301
Priaulx, N.M., “Damages for the ‘Unwanted’ Child: Time for a Rethink?” (2005),
73 Medico-Legal Journal
Thompson, C.J., “You Should Never Look a Gift Horse in the Mouth: One-Size-
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APPEAL from the order of Perell J. (2016), 129 O.R. (3d) 175,
 O.J. No. 126 (S.C.J.) striking a statement of claim.
William A. Chalmers, for appellant.
Valois P. Ambrosino, for respondent.
The judgment of the court was delivered by
 ROULEAU J.A.: — In 2014, PP and DD met through a
mutual friend and enjoyed a short romantic relationship that
lasted for less than two months. They went out on a number of
dates and engaged in ostensibly consensual sexual intercourse
on several occasions. Based on his conversations with DD,
PP understood that DD was taking the birth control pill and
that she did not intend to conceive a child.
 Several weeks after their sexual relationship ended, PP
was surprised to learn from DD that she was ten weeks pregnant. In early 2015, DD gave birth to a healthy child. According
to DD, paternity testing confirmed that PP is the father.
 PP brought a civil action for fraud, deceit and fraudulent
misrepresentation against DD, claiming as damages that the
deception deprived him of the benefit of choosing when and with
whom he would assume the responsibility of fatherhood. In his
words, “he wanted to meet a woman, fall in love, get married,
enjoy his life as husband with his wife and then, when he and
his wife thought the time was ‘right’, to have a baby”. He pleaded
that he consented to sexual intercourse with DD on the understanding that she was using effective contraception. In his
view, this was an express or implied misrepresentation and his