 The child had cerebral palsy.On behalf of the child, his maternal grandfather brought a tort claim against the mother for negligence in driving in order to benefit from the father's insurance policy, which covered damages caused by the negligence of drivers of his motor vehicle.The majority decision was written by Peter Cory, who began by emphasizing the uniqueness and importance of pregnancy, saying it "speaks of the mystery of birth and life" and that "the relationship between a pregnant woman and her foetus is unique and innately recognized as one of great and special importance to society."