Great news indeed!
Calgary Dad Wins Partial Court Victory in Daughter's Death
by Dogpatch 55 Replies latest jw friends
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Nosferatu
It's about time Lawrence has recieved some good news. He deserves it after everything he's been through. Let's hope things keep going in a positive direction for him.
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DevonMcBride
Great news!
The court has also restored his lawsuit on behalf of the estate alleging the Watchtower Society and its lawyers used mis-representation and deceit to convince his 16-year-old daughter Bethany chemotherapy and blood transfusions would not help cure her cancer and were experimental.
This is the first case I'm hearing about that is using misrepresentation of blood transfusion as a bases. Should Lawrence win this case (and we all hope he does), this could pave the way for more cases against the WT from family members of those who died refusing blood.
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skeeter1
Here's an excerpt of the court's opinion:
[39] In any event, the pleadings will not require any examination of the "truth" of the respondents’ beliefs about blood transfusions. The misrepresentations pleaded are that it was falsely represented (i) that blood transfusions are an experimental treatment, and (ii) that blood transfusion treatment is ineffective. There is no indication on the record that either of these topics are the subject of any religious belief of the respondents. The record indicates that the respondents are opposed to transfusions as a matter of faith, not because they are experimental or ineffective.
By giving medical advice, the WT went beyond religion. Secular = sue = Lawrence wins
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Twitch
Good for him. I know he's been campaigning for a long time.
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Dogpatch
A PDF file of this appeal is at:
http://www.albertacourts.ab.ca/jdb/2003-/ca/civil/2007/2007abca0277.pdf
also:
http://www.dannyhaszard.com//2007abca0277.pdf
dated 8/31/07!
Randy
Thanks Danny!
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DannyHaszard
http://www.albertacourts.ab.ca/jdb/2003-/ca/civil/2007/2007abca0277.pdf PDF file Calgary Dad Wins Partial Court Victory in Daughter's Death
770chqr.com, Canada - 4 hours ago
CALGARY/AM770CHQR - The father of a Calgary Jehovah's Witnesses teen who died after refusing blood transfusions has won a partial victory in the Alberta ... [email protected] reporter to above Calgary Dad Wins Partial Court Victory in Daughter's Death
770chqr.com, Canada - 4 hours ago
CALGARY/AM770CHQR - The father of a Calgary Jehovah's Witnesses teen who died after refusing blood transfusions has won a partial victory in the Alberta ...Another Legal Victory For Calgary Landowner Fighting the Province
770chqr.com, Canada - 4 hours ago
CALGARY/AM770CHQR - Alberta Infrastructure has failed in a bid to stop a new trial for a Calgary-area woman unsatisfied with the dollar amount offered for ...Calgary Dad Wins Partial Court Victory in Daughter's Death Aug, 31 2007 - 12:30 PM
CALGARY/AM770CHQR - The father of a Calgary Jehovah's Witnesses teen who died after refusing blood transfusions has won a partial victory in the Alberta Court of Appeal.
The province's highest court has ruled that Lawrence Hughes should not have been removed as an administrator of his late daughter's estate.
The court has also restored his lawsuit on behalf of the estate alleging the Watchtower Society and its lawyers used mis-representation and deceit to convince his 16-year-old daughter Bethany chemotherapy and blood transfusions would not help cure her cancer and were experimental.
However, the appeal court upheld the trial judges dismisal of Hughes' other claims including conflict of interest, undue influence and conspiracy. -
DannyHaszard
Where to post comments no registration needed bookmark and come back often 1 http://www.topix.net/forum/who/jehovahs-witnesses/TCQLBSVHAL79C77T6 2 http://www.topix.net/who/watchtower-bible-and-tract-society/2007/09/appeal-court-upholds-suit-for-blood-transfusions 3 http://www.topix.net/who/jehovahs-witnesses/2007/03/jehovahs-witnesses-blood-ban-conce please post your supportive comments here to keep these keywords and this story at high rank ------------------- http://calsun.canoe.ca/News/Alberta/2007/09/01/4462795-sun.html Jehovah's Witness suit reinstated
Canoe.ca, Canada - 16 minutes ago
By KEVIN MARTIN , SUN MEDIA Shunned Jehovah's Witness Lawrence Hughes can proceed with legal action on behalf of his daughter's estate over allegations the ... [email protected] write reporter Shunned Jehovah's Witness Lawrence Hughes can proceed with legal action on behalf of his daughter's estate over allegations the church's influence hastened her death. In a written decision, the Alberta Court of Appeal yesterday said Hughes should be restored as administrator of his dead daughter's estate. And, the top court ruled, litigation over allegations church members misrepresented the benefits of blood transfusions to Bethany Hughes could proceed. But the appeal judges noted the case will not put on trial the belief of Jehovah's Witnesses that blood transfusions are wrong. "The pleadings will not require any examination of the 'truth' of the (church members) beliefs about blood transfusions," the judges said. A lower court judge ruled last year the allegations of misrepresentation was simply an attack on Jehovah's Witnesses beliefs. Justice Patricia Rowbotham said litigation couldn't proceed on the basis a religious belief is wrong. But the appeal court said Charter protected freedom of religion is "subject to those limitations that are justifiable in a free and democratic society." "It is not at all clear to what extent a religious adherent can convince another person to take actions for religious reasons that will cause him or her bodily harm or even death, even if the religious belief is sincerely held," they said The appeal judges said those issues could only be resolved in a full trial. Bethany Hughes, 17, died Sept. 5, 2002, two months after court-imposed transfusions were stopped when doctors determined they were ineffective. She had refused to approve the treatments based on her religious beliefs. Lawrence Hughes commenced his nearly $1-million wrongful death suit two years later after a court approved him as administrator of the estate. That decision was later struck, effectively ending his legal action, but the appeal court reinstated him. "It might be that the Charter protected right of freedom of religion would protect actions of this sort if they are honestly held," they said. "It might be argued at trial that there is no reasonable limit that would be recognized in a free and democratic society that would prevent the religious adherent from giving such medical advice." -
DannyHaszard
http://www.theglobeandmail.com/servlet/story/RTGAM.20070901.wjehovasuit0901/CommentStory/National/home comment above Father of dead Jehovah's Witness girl can sue church: court
Globe and Mail, Canada - 40 minutes ago
CALGARY — The father of a teenaged Jehovah's Witness who refused blood transfusions can proceed with legal action on behalf of her estate against the church -
Gill
Is there any response from the WT as yet or are they unwilling to make any comment?
