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DogpatchCalgary Dad Wins Partial Court Victory in Daughter's Death


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.
  http://www.770chqr.com/news/news_local.cfm?cat=7428436912&rem=73613&red=80143623aPBIny&wids=410&gi=1&gm=news_local.cfm
 
Randy
  http://www.freeminds.org
 
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AlphaOmegaRe: Calgary Dad Wins Partial Court Victory in Daughter's Death

We must get the same Google Alerts

http://www.jehovahs-witness.com/12/141219/1.ashx

Could a passing MOD please delete my thread (above) before anyone replies to it... thanks

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JK666Re: Calgary Dad Wins Partial Court Victory in Daughter's Death
"Brothers, keep those donations coming. This lawsuit will not be cheap! What building are we going to sell next?" - Governing Body
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snowbirdRe: Calgary Dad Wins Partial Court Victory in Daughter's Death

Even a little dent in their armor is a victory.  Slowly but surely the tower is crumbling.

Snowbird

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snowbirdRe: Calgary Dad Wins Partial Court Victory in Daughter's Death
I think a quote from Winston Churchill is apropos here:
"Never give in--never, never, never, never, in nothing great or small, large or petty, never give in except to convictions of honour and good sense. Never yield to force; never yield to the apparently overwhelming might of the enemy.''

I imagine Lawrence Hughes is feeling mighty good about now.

Snowbird

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GillRe: Calgary Dad Wins Partial Court Victory in Daughter's Death

Fantastic news! 

The WTBTS is on a very slippery slope now with the blood transfusion issue.

Public opinion is very much against them and once the judiciary wake up to the deceitful way the WT controls it members there is no way that a JW minor will be allowed to bleed to death.....in Canada at least.

Lawrence and his legal team are doing a fantastic job in keeping up the fight!  Good luck with the rest of the case!

Can we have a reminder of where to send Paypal donations?

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skeeter1Re: Re: Calgary Dad Wins Partial Court Victory in Daughter's Death

This is a BIG win for Lawrence. Winning on misrepresentation & deceit paves the way for $$$$.

I predict the Watchtower will appeal to the Supreme Court. If they lose there, they will settle out of court. They don't want a trial with a 16 year old who could have died from their misrepresentation and quack mediciine (arsenic).

You can read the appeal court's opinion at http://www.albertacourts.ab.ca/jdb/2003-/ca/civil/2007/2007abca0277.pdf

Skeeter

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skeeter1Re: Re: Re: Calgary Dad Wins Partial Court Victory in Daughter's Death

The Appeal Court did not grant Lawrence the undue influence claim.  From the court's opinion, this was because "Canadian" law doesn't have a separate claim for it.  The court did not say that Bethany was not coerced. 

Warning....the United States does allow undue coercion suits....so Bethel legal....watch out.

I predict that we will see more & more "weakening" with the blood policy.  It will all become a matter of conscience.  That will keep the old witnesses happy, and keep the Society from officially denouncing their errant reading of the scripture & fraction policy.  After all, the soldiers were reproofed by Jehovah, not man.

Skeeter

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skeeter1Re: Re: Re: Re: Calgary Dad Wins Partial Court Victory in Daughter's Death

Oreborus, where are you? When "Jehovah's Witnesses, Blood Transfusions, and the Tort of Misrepresentation" was published & ran by the Associated Press, you came down very hard on the idea and author. You said that misrepresentation of the blood policy would never, ever win in court. You said that it was deeply flawed..... What do you think now? 

Also, you dissed Barbara Anderson who said that the article was BIG NEWS.  So, I ask you, can you see how BIG it was now?

Skeeter

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purplesofaRe: Calgary Dad Wins Partial Court Victory in Daughter's Death

Thanks for the update, so glad to hear this

purps

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BryanRe: Calgary Dad Wins Partial Court Victory in Daughter's Death
Great news indeed!
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NosferatuRe: Calgary Dad Wins Partial Court Victory in Daughter's Death
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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DevonMcBrideRe: Calgary Dad Wins Partial Court Victory in Daughter's Death

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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skeeter1Re: Re: Calgary Dad Wins Partial Court Victory in Daughter's Death

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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TwitchRe: Calgary Dad Wins Partial Court Victory in Daughter's Death

Good for him. I know he's been campaigning for a long time.

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DogpatchRe: Calgary Dad Wins Partial Court Victory in Daughter's Death
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DannyHaszardRe: Calgary Dad Wins Partial Court Victory in Daughter's Death
http://www.albertacourts.ab.ca/jdb/2003-/ca/civil/2007/2007abca0277.pdf PDF file
 
Calgary Dad Wins Partial Court Victory in Daughter's Death
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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.
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DannyHaszardRe: Calgary Dad Wins Partial Court Victory in Daughter's Death
 
Where to post comments no registration needed bookmark and come back often
 
 
 
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
 
 
 
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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 ...
 
 
 
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 democraticsociety that would prevent the religious adherent from giving such medical advice."
 
 
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DannyHaszardRe: Calgary Dad Wins Partial Court Victory in Daughter's Death
3c5c4217.jpg Lawrence Hughes picture by DannyHaszard
 
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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
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GillRe: Calgary Dad Wins Partial Court Victory in Daughter's Death
Is there any response from the WT as yet or are they unwilling to make any comment?
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