RECOURS EN DOMMAGES POUR UNE GROSSESSE NON DÉSIRÉE

UNE MISE À JOUR JURIDICO-ÉCONOMIQUE

Abstract

Civil remedies actions related to an unwanted pregnancy and birth have been part of the Quebec and Canadian legal landscapes since the 1970s. Courts have long relied on morality to the prejudice of the rules of law, by judging that the pleasures and advantages of having a child somehow outweigh the inconveniences, notably the economic damages suffered as a result. In Quebec, the cost of raising a child can be claimed following a landmark decision by the Court of Appeal in 1995.

A historical review of this type of action by a legal author shows that proof of economic damages is often overlooked or even nonexistent, resulting in a lack of clear guidance for establishing it.

The addition of an expert in economics as a co-author, allows for a critical review of available economic approaches and the proposal of a rigorous method for calculating such financial loss.