Dobson v. Dobson
Canada Supreme Court
[1999] 174 D.L.R. (4th) 1, 2 S.C.R. 753 (1999)
- Written by Darius Dehghan, JD
Facts
Cynthia Dobson (defendant) was 27 weeks pregnant when the vehicle she was driving collided with another vehicle. The collision resulted in prenatal injuries to the fetus, who was born prematurely that same day. The child, Ryan Dobson (plaintiff) suffered from permanent mental and physical impairments, including cerebral palsy. Ryan brought a tort action for damages against Cynthia, alleging that the collision was caused by her negligent driving. The trial court ruled in favor of Ryan. The court of appeal affirmed. Cynthia appealed to the Canada Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Cory, J.)
Concurrence (McLachlin, J.)
Dissent (Major, J.)
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