Anyone know of df'ing for taking a br. to Court (esp. if Cdn)?

berrygerry

Most JW's have been told that taking a fellow JW to Court is wrong.

The Shepherd book uses WTS speak: "If an individual ignores God's Word on this matter, it may affect his congregation privileges." (Italics theirs.)

The following are from an interesting case in Canada ( link ):

[16] Everyone in Canada has a constitutional right of access to Her Majesty’s courts as a litigant or as a witness. The punishment impending here (and imposed against the other litigants in the parallel proceedings) is for doing just that. Public policy dictates weighing that when considering the balance of convenience.

[17] We could say a good deal about this topic. But since this appeal is about a stay and not about the final decision on judicial review, we will be brief. On the right of access to the courts, see B.C. G.E.U. v. A.-G. British Columbia 1988 CanLII 3 (SCC), [1988] 2 S.C.R. 214, 87 N.R. 241, and Crevier v. A.-G. Quebec 1981 CanLII 30 (SCC), [1981] 2 S.C.R. 220 at 236, 38 N.R. 541 (paras. 21-23). On merely threatening or deterring witnesses as criminal contempt, see R. v. Vermette (1983) 1983 ABCA 154 (CanLII), 44 A.R. 253 (paras. 5-11) (C.A.), affd. 1987 CanLII 51 (SCC), [1987] 1 S.C.R. 577, 584, 74 N.R. 221 (para. 10). And see the other cases cited in 3 Stevenson and Côté, Civil Procedure Encyclopedia, pp. 62-44 and 62-45 (2003).

[18] One must also note s. 139(3) of the Criminal Code on obstruction of justice by attempting to dissuade someone from giving evidence, by means of threats.

[19] We must emphasize that the issue here is not merely litigating in some forum topics such as who has jurisdiction, or when proceedings are premature. This is a question of express threats to harm someone for going to court or acting as a witness in court. Or of punishing him for having done so and (partly) won.

[20] This is not judicial review of a jurisdiction decision, still less judicial review of a decision on the merits of an election. It is judicial review of punishment for merely having gone to court. The respondent is going beyond supervising the superior court, which would be upside down. It is emasculating the superior court.

My thoughts on this are that disfellowshipping is a lot stronger punishment than removing some privileges, as the Shepherd book alludes to. Also, this legal language seems to be referring to a situation where someone involved in a case is trying to obstruct justice. So a brother who is punished for taking his brother to court would not fall under this heading unless the defendant was an elder who then removed the plaintiff's privileges or got him DFed.

Quarterback

I remember that the Elders manual did say that you could sue your brother through an Insurance claim. Sueing for another matter such as contract breaching was always a punitive matter. I'm aware of some being swindled out of their life savings. Employees stealing from their JW employers. Tenants violating their leaase arrangements from JW Landlords. All couldn't legally sue one another due to maintaining congregation responsibilities. They were stuck, just like a person who is stuck to stay married to an abuser. But, if they did sue they were not DF'd.

hoser

That's why it is best not to do business with a fellow jehovahs witness

NVR2L8

Same here...JW elders not honoring contracts and the other party had to abdorb the loss and keep quiet about it. In one case 2 brothers lost their homes and life savings to another brother in good standing. It wasn't his first swindle but no one knew because he was never taken to court and if he was privately reproved, all is kept confidential.

zeb

When a bro did us in a contract i was told by an elder if i went to court i would be dfd. Never deal with jw in work.

Its my experience they leave early (have a meeting part tonight) do very average work and expect top of line pay.

talesin

Many years ago (1970s), my BIL, an accountant, embezzled a bunch of money from his clients. One of them was an elder, a really nice guy (I used to board with their family). He reported the theft to the police, and because he turned in a 'brother', he lost all his privileges. Actually, after losing his business, and being shamed in front of the whole congregation, he picked up and moved the family back to Ontario.

My BIL went to prison and was disfellowshipped. He was also gay and in the closet - that all came out at the time (no pun intended), so I'm not sure if he was DF for being a thief or gay.

tal

Balaamsass2

The Menlo Park Elders for suing WTBTS.

DesirousOfChange

so I'm not sure if he was DF for being a thief or gay.

Had to be because he was gay. That cannot be tolerated.

Plenty of thiefs in the WTS & the Congregations.

As long as they kiss the right ass (and donate a percentage of their "take" to demonstrate that they are repentant) they'll escape any judgement for stealing.

Doc

wannaexit

I can't give out any details, but I do know, for a fact, of a situation where one jw wanted to take another jw to small claims courts and was told that there would be reprecussions. Disfellowshipping was not mentioned but reproval and removal of priviledges.