Woman Who Lied About Taking Birth Control Sued By Child’s Father
A woman was sued for fraud, deceit and fraudulent misrepresentation by the father of the child. The lawsuit is based on the man's claims that the woman lied about taking birth control.
The case involves a doctor from Toronto who filed a case for $4 million against his former sexual partner. In 2014, the two consenting adults hooked up a few times without a condom. The man alleged that the woman said she is using birth control.
When the woman told him that she is pregnant, the man filed a suit against her. However, he lost in the lower courts. The judge of the case threw out his statement claim and gave him no chance to amend it.
Not discouraged, the man appealed to Ontario's Court of Appeal. However, he lost again according to the ruling of Judge Paul Rouleau and other justices William Hourigan and Grant Huscroft.
According to The Star, the child's father said that he wants to meet a woman, fall in love, get married, and enjoy life as husband and wife. He and his wife should decide when the time is right to have a baby.
Apparently, the man is not ready to have a baby just yet. He pleaded that he consented to hook up with the woman believing that she is using an effective birth control.
The judges are firm that the father cannot recover damages from his former sexual partner for involuntary parenthood. Instead, Rouleau hopes that the child's father will contribute to the child's upbringing in a positive way. He also hopes that he will see his contribution as pleasurable and positive.
Though the man is already paying child support and wants to have a relationship with the child, he still wants the woman to compensate him for the emotional, professional and financial impact of the birth. His request was denied; instead, he ordered to pay $8,000 in costs for the appeal.