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Florence v. Benzaquen

Sean Blakeley, with counsel at his prior firm, represented the successful obstetrician/gynecologist in this appeal of a motion striking the claims of minor triplets who made allegations of negligence for conduct arising preconception. A majority of the Court of Appeal agreed with the motion judge in favour of the defendant physician that no duty of care is owed to an as-yet conceived plaintiff. The Supreme Court of Canada declined to grant the plaintiffs’ request for leave to appeal.