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Calgary Dad Wins Partial Court Victory in Daughter's Death
by Dogpatch 55 Replies latest jw friends
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skeeter1
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Gill
I have been told that paragraph 25 refers to 'standing' which means that the WTBTS had no right to get involved with removing Lawrence Hughes from being his daughters manager of her estate. In effect it was non of the WT's business.
This will be interesting.
I hope this slippery cult does not escape from exposure this time.
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Gill
One more thing, I think that a lot of us do not realise how BIG this could be if it goes against the WT Society.
This really is BIG news!
Congratulations to Lawrence Hughes and his legal team for getting another step along the way!
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skeeter1
I agree with Gill. The Court beat up Shane Brady's white butt. Lawrence is definately the administrator of Bethany's estate. Just becuase the Watchtower may have killed Bethany by misrepresentations, does not disqualify Lawrence.
Here's the Court whipping WT attorneys butts, in a way only the court can, in writing
[25] The respondents (Watchtower & Brady) argue that the appellant (Lawrence or Bethany's dad) is disqualified from acting as administrator of the estate of his daughter because he is in a conflict of interest. No one challenged the standing of the respondents (as potential defendants) to object to the status of the administrator, and we say nothing on that issue. Obviously a person in a conflict of interest should not be appointed as administrator.Therefore a potential defendant in an action by the estate, or someone who has a claim to estate assets inconsistent with the claim of the estate itself, cannot act on behalf of the estate. There is no disqualifying interest of that type here.
[26] The mere fact that the administrator (Lawrence) might strongly believe in the merits of the cause of action being advanced by the estate does not create a conflict of interest. Nor does the fact that the administrator may have concurrent or parallel interests. For example, the administrator and the estate may have a similar cause of action against the same defendants arising out of the same tort or other breach of legal duty. Concurrent interests of this sort will generally not create a conflict of interest, although that might be the case, for example, if there was insufficient insurance coverage to meet all the claims. There is nothing in this record to suggest that the appellant (Lawrence) might would fail to zealously represent the interests of Bethany’s estate because he might harbour some
animus against the persons he believes have caused harm to Bethany. Ironically, the respondents (Watchtower & Brady) contend that it is because the appellant (Lawrence) would be zealous in his pursuit of what he believes to be the interests of Bethany’s estate that he should be disqualified. There is also nothing on this record to suggest the appellant (Lawrence) would prefer his own interests to the interests of the estate, especially since his personal claims have been struck out.
[27] It is suggested that the appellant (Lawrence) is "pursuing his own agenda", but that is not the same thing as a conflict of interest. The chambers judge held that the appellant (Lawrence) wishes to pursue claims that his deceased daughter would never have wanted to pursue. The essence of the claims is however that Bethany was influenced by misrepresentations, and that if she had received proper and independent advice her views would have been different. In concluding that Bethany would not have wanted to pursue these claims the chambers judge assumed away the very basis of the claims.
[28] Assuming that the estate has valid claims, it is appropriate for an administrator (i.e. Lawrence) to be appointed. An application to strike the administrator should not be used as a form of summary
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skeeter1
What's the next step in this lawsuit?
The Watchtower Society will probably appeal to the Canadian Supreme Court. It's my understanding that the Canadian Supreme Court rejects 95% of the pleas to appeal, and, thus, hears only 5% or so of the cases. Given that Lawrence Hughes & Brittney's plight made national news a few years back, I think there is a better chance that the Canadian Supreme Court will hear the arguments.
If the Watchtower Society does not appeal, then it goes back to trial court for further proceedings. This is when, I think, the Watchtower Society will settle out of court. Just like they did in the Pedophile cases.
Skeeter
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Gill
Skeeter - Do you think that Lawrence Hughes will settle out of court with a gag order attatchment or do you think he'll try to go for the 'Kill'?
It would be a shame to see the WT getting away with murder!
Personally, if it was my child I would be satisfied with nothing but lots of Watchtower BLOOD!
Murder is Murder, whichever way you cook it.
Bethany was murdered by WT doctrine and was deceived into refusing treatment.
Why was her treatment which included 80 blood transfusions not working?
Well, I can only suppose and I claim no medical knowledge, but a positive attitude is essential in cancer treatment.
There is no way this child had a positive attitude if she viewed the blood treament the same as being violated.
Who killed this child?
The WTBTS!
What should we do with murderers?
Well, each country has its own rules on that.
Not many allow murder if you pay a fine.
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skeeter1
Homicide and a civil suit (suing for money) can both be options. Right now, we have a civil suit. The civil suit claims that the WT misrepresented blood transfusions and gave her "alternative" treatment. This alternative treatment is pretty far out - arsenic. I'm sorry, but arsenic kills people. Here, we have a weakened 16 year old girl - given her arsenic & coloring her mind against blood transfusions with false evidence.
Homicide comes in many flavors. There's 1st degree murder, which requires a showing that the WT society meant to kill Bethany. I don't think we'd ever be able to prove that in a court of law. But, there's negligent homicide. With negligent homicide, you have to have a killing of another with negligence on the part of someone. Isn't it negligent to pound into a sick person that "blood transfusions/chemotherapy are experimental and that alternative treatment of arsenic is standard procedure?"
80 blood transfusions, that seems like alot. But, is it for leukemia? What is the "expected" number to get when you have bones that are not making blood due to cancer inside them? Yes, I strongly agree that the pressure exerted by the WT darkened Bethany's attitude about blood transfusions. To her, they were poision. But, can we really say that the WT holds blood "sacred"? I don't think they do, given their vast acceptance of blood fractions, which are made from millions of units of donated blood. Does the WT hold "whole blood" sacred? I don't think so given their vast acceptance of "current therapy" transfusions.
What do we do with the killers? We sue their pants off, disbar them, & put them in jail for negligent homicide.
Will Lawrence settle out of court? That's his decision. He's suffered the largest loss, here. I'd like to see the WT go to court. But, if the WT offers to pay Lawrence what he is asking for in his civil suit, my uneducated guess is that he'd have to settle out of court. Yes, the WT can still pay their way out, even if Lawrence wants to go to court to get everything in the public eye.
Skeeter
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Gill
So, the real question is then, will the WTBTS just pay up to get Lawrence Hughes off their back or will the WTBTS pay up just to get the legal system off their back?
That then leaves them free to continue demanding the lives of their members.
How many more Bethany Abigail Hughes will there be?
The Watchtower Bible and Tract Society - why is it that whenever I hear that name I think of a cunning snake?
If the WTBTS stopped DAing or even DFing people for taking blood transfusions they would still have the mental power over their members to force their deaths.
The only real answer to this problem is to get it out in the open. I hope they don't wriggle free from an open confrontation.
Theocratic Warfare ie LYING has a lot to answer for!
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snowbird
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