QPL Articles
Future Surrogacy fees awarded for loss of ability to bear children
By Jonathan Ablett | April 25, 2017
In a landmark decision, the Supreme Court of British Columbia has awarded $100,000.00 to a plaintiff who, severely injured in a head-on collision, had lost the ability to procreate.
It is suspected that an intoxicated driver was speeding in the oncoming lane and collided with the plaintiff’s vehicle. Three people were killed at the scene, including the speeding driver and two occupants of the plaintiff’s vehicle. The plaintiff was the lone survivor.
Initially thought to be paralyzed for life, the plaintiff regained the ability to walk and did in fact become pregnant years after the accident, but due to spinal and abdominal injuries, she was advised to terminate.
In awarding damages, the judge awarded the upper range of damages for pain and suffering, as well as for usual heads of damage such as lost capacity to earn income, cost of future care, and lost interdependency (related to a reduced ability to carry on a long term relationship with shared economic benefit).
While the head of damage is not new – the cost of future care in this instance comprised of categories such as medical and non-medical care, physiotherapy, pain clinics, and case management/OT services – the award for surrogacy fees is believed to be a first in Canada.