Pp v. Dd

2017 ONCA 180 (Can.)

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Nature of the Case

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Facts

PP is a medical doctor and DD also works in the health care field. PP and DD met through a mutual friend and enjoyed a relationship that lasted for less than two months. They engaged in consensual sexual intercourse. PP asked DD whether she had any condoms. When she replied that she did not, he asked if she was “on the pill”. She told him that she was. After accepting this assurance from DD, PP consented to sexual intercourse. On subsequent incidents of sexual intercourse, they discussed condom usage and DD never mentioned that she was not on the pill and had lied to PP. After their sexual relationship ended, PP learned that DD was 10 weeks pregnant. Paternity testing confirmed that PP is the father. PP brought a civil action for fraud, deceit, and fraudulent misrepresentation claiming as damages that the deception deprived him of the benefit of choosing when and with whom he would assume the responsibility of fatherhood. PP pleaded that he consented to sexual intercourse on the understanding that DD was using effective contraception. PP alleges that his consent was vitiated, having been induced by DD’s misrepresentations that led him to believe she was taking the birth control pill as prescribed and directed. DD moved to strike the complaint without leave to amend. It was granted. PP appealed.