The following is a legal description of my lawsuit. The Watchtower Lawyers are Defendants and the Watchtower Society is tied into the lawsuit throu the lawyers.
Statement of Lawrence Hughes
Administrator ad litem of the Estate of Bethany Hughes
February 28, 2006
Last February - February 25, 2005 - Justice Hawco upheld my appointment as administrator of Bethany’s Estate.
This February - February 24, 2006 - Justice Rowbotham has now ruled that the Estate may sue over Bethany’s death.
Justice Rowbotham ruled on Friday that I may sue in my capacity as Administrator of Bethany’s Estate, although not in my personal capacity.
Justice Rowbotham has ruled that the Estate has the right to sue the Cross Cancer Institute and its doctors over the death of my daughter.
The judge has also allowed the Estate to keep the Watch Tower Society and its lawyers in the lawsuit over their alleged conduct and involvement leading to Bethany’s death at the Cross Cancer Institute.
The Estate has the right to sue Watch Tower lawyers, Shane Brady and David Gnam, on the basis of tort and breach of fiduciary duty respecting their alleged conduct in acting for my daughter in matters leading to her death at the Cross Cancer Institute.
The Estate has the right to sue the Watch Tower Society on the basis that if the Watch Tower lawyers are found liable, the Society may also be held responsible, under vicarious liability, because the Estate alleges these lawyers were servants and members of the Society acting under its authority in the matters leading to Bethany’s death at the Cross Cancer Institute.
Although the Watch Tower Society and its lawyers will remain in the lawsuit, the judge disallowed allegations that would lead to any inquiry into religious belief and disallowed portions of the claim respecting the alleged involvement of two Jehovah’s Witness defendants who had been involved in hospital liaison and public relations in the 2002 child welfare proceedings and some later events.
The most important point in this ruling is that the central thrust of this lawsuit remains unchanged.
This is a lawsuit based on the death of my daughter at the Cross Cancer Institute on September 5, 2002, against those who the Estate alleges ought to be held legally responsible for that tragedy and this lawsuit will now proceed.
The Estate will now move forward with the usual steps of a civil lawsuit in the Court of Queen’s Bench of Alberta.