Law360 Canada ( August 27, 2021, 5:27 AM EDT) -- Appeal by the plaintiffs from a decision striking out the statement of claim as not disclosing a cause of action. The appellants were prematurely born triplets. Their mother was prescribed a fertility drug by the respondent physician. At the time, she was 25 and had been attempting to conceive for only a few weeks. Because of having been born prematurely, the appellants had serious disabilities. The appellants alleged that their mother was not advised of the significant risk of conceiving multiple fetuses and of the associated risks. They further alleged that the respondent’s prescription of the drug was contraindicated and failed to consider the mother’s age, the very short time that she and her husband had been trying to conceive, and other clinical indicators which suggested that the use of the drug was unreasonable in the circumstances. The appellants argued the respondent owed a concurrent duty of care to their mother and to them to not prescribe to their mother a contraindicated and potentially dangerous medication that the respondent knew, or ought to have known, could cause harm not only to the mother but also to them. The motion judge concluded that the appellants’ claims were not recognized at law and that no duty of care to the appellants, as unconceived babies, should be recognized. She stated that this court had rejected wrongful life claims and the lower courts were bound by that jurisprudence....