Appendix D: Model examination question

• Author: Allan C. Hutchinson
• Pages: 313-318

question:

You are successful in becoming a law clerk to Chief Justice McLachlin

and the following case comes before the Supreme Court of Canada.

Eli decides to have a vasectomy; he is single and has no desire to

have children. He is told that the procedure is a complete success.

A few weeks later, he meets and has a brief affair with Juanita who

is unaware of Eli’s vasectomy. She becomes pregnant with twins by

Eli; they did not use contraceptives. Eli and Juanita have occasional

contact during her pregnancy. She gives birth to twins; one is a

healthy girl, but the other is disabled. A month or so later, Juanita is

seriously injured in a car accident and is unable to care for the

twins. Eli is left to support and bring up the twins himself. Tort

actions in negligence are brought by Eli, Juanita, and the twins

against the negligent doctor who performed Eli’s vasectomy.

If asked, how would you advise the Chief Justice to dispose of the case?

answer:

It is assumed that the doctor breached his standard of care in his per-

formance of the vasectomy and that a clear causative link has been estab-

appendix d

model examination

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