What's the word, yalbmert99? Any word on how the trial is going? If it began on schedule, May 13-15, shouldn't there be some report/results by now?
New lawsuit against the Watchtower in Ontario, Canada
by yalbmert99 40 Replies latest watchtower child-abuse
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yalbmert99
According to lawyer, it went well. They are waiting in a couple of weeks if the request for lawsuit is accepted. In my opinion, a rejection of the lawsuit is unlikely, but it would be just the beggining. I could find any news article.
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careful
Thx yalbmert99, for the update. As we know, these legal matters take a long time. Please keep us posted. If you find some media coverage, please share the link.
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yalbmert99
Yes I will
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careful
yalbert99,
It's been a month. Any news?
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yalbmert99
Hi careful, no news yet. I'll post it when I have.
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Earnest
Bitter Winter reports that "on July 4, the Ontario Superior Court of Justice rendered a major decision in favor of the Jehovah’s Witnesses (“Gutierrez v. The Watchtower Bible and Tract Society of Canada,” 2024 ONSC 3837)."
For the purposes of the class action, the plaintiffs advanced three causes of action: (a) negligence, including systemic negligence; (b) breach of fiduciary duty; and (c) vicarious liability. The judge concluded that none of the three causes of action would succeed.
Three important preliminary findings of the judgement govern the conclusions on the three causes of action. First, the Jehovah’s Witnesses “do not operate religious day-schools, Sunday schools, orphanages, home care, or any other activity where the congregation or its leaders might assume responsibility for the care of children. Congregations do not separate children from their parents. The congregations do not provide or sponsor any extra-curricular activity, such as choirs, clubs, camps, outings, sports, outdoor walks, parties, and similar activities for children, youths or adolescents. It is Jehovah’s Witness dogma that parents have the sole scriptural responsibility to provide age-specific religious education and training to their children and that other Jehovah’s Witnesses should not usurp or assume the parental role” (par. 56–57).
Second, “As an ecclesiastic matter, beginning in September 1950, and more particularly since the early 1980s when mandatory reporting laws for child sexual abuse came into effect in Canada, the Governing Body provided congregants worldwide, and the public at large, with scripturally based guidance and education on practical steps to prevent child sexual abuse and to assist victims” (par. 67), and in 2018 published a worldwide children protection policy (par. 75).
Third, “starting in 1988, the Canada Branch issued letters to the Elders in all congregations regarding an Elder’s obligation to report allegations of child abuse to secular authorities, irrespective of any consideration of spiritual status that may arise from the same allegations” (par. 69). “The Elders were directed, among other things, that: (a) Canadian law requires the reporting of child abuse to secular authorities without exception; (b) Elders are to contact the Legal Department of the Canada Branch immediately to obtain situation-specific legal advice to assist in compliance with reporting requirements; and (c) if the victim wishes to make a report to the authorities, it is his or her absolute right to do so” (par. 70).
When confronted with these policies, none of the causes of action can stand, the judge said. -
DesirousOfChange
IMO the WTS/GB is counting on the fact that as enough time passes they will "get past" all the CSA liability.
They have restructured (reworded) policy so that the bOrg has no liability in caring for the JW children in their care (or NOT in their care, which is what they claim). They believe they have taken the appropriate LEGAL steps to CYA. So, bottom line, if they can just live through the old CSA lawsuits -- deny, deny, deny, drag them out, fight for every dollar as though it's their final dollar, exhaust the plaintiff's attorney (who can't get paid until there is a settlement or judgement), and . . . . finally negotiate the lowest settlement possible (so the plaintiff & their attorneys FINALLY get some cash) AND insist on a NDA. NEVER will this shit be made public! Transparency is NOT allowed.
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truthlover123
Gutierrez case judges reasons don't make sense. Just because the letters of warning were issued doesn't mean it did not happen to the kids. That leaves the door open for charges against the elders, CO,DO in charge who knew and let it happen, as good old boys clubs do. Someone has to be held accountable. Who? For the judge to say there are no sunday schools, etc. he doesn't know the kids are put in a soothing trust position from the WTBTS by saying we are all family, love, give you kids to a BROTHER who will help the kid to learn Jehovahs ways. They are teaching from the top that everyone in the org is a safe space, but, lordy, not a pervert who lies and smiles to get his hands literally on the unsuspecting chlldren. Just because they are looking so white and clean now, they never were. Where is the judges reasoning powers?
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road to nowhere
Second is pure bs
Third overlooked the advice given by the branch-which we know is tainted