|barbara findlay Q.C.
The B.C. Court of Appeal has decided that sperm is property...at least sometimes. In a decision released this month the Court considered an action brought by men who had stored their sperm in a sperm bank at UBC. The freezer in which the sperm was stored lost power and the sperm were damaged. The question was whether UBC was liable under the Warehouse Receipt Act ...and the answer depended on whether sperm was or was not "goods" covered by that law. The Court's answer: yes, for the purposes of this lawsuit, sperm is property. But the Court was careful to say they might come to a different conclusion if the issue came up in a different context such as assisted reproduction. (Lam UBC 2015 BCCA 2)