Court overturns Hobbs decision
On Tuesday, the B.C. Court of Appeal overturned a decision by Justice Ian Pitfield of the B.C. Supreme Court, suggesting there were enough questions remaining for the case to go back to trial.
The court case began when Hobbs's family launched actions against the attending physician, Dr. John Robertson. The provincial attorney-general is also named in the suit.
In 2004, Pitfield decided Hobbs had died April 16, 1996 as a result of bleeding but that this could have been prevented by blood transfusions. Hobbs was a Jehovah's Witness, a faith that rejects the practice of receiving blood from others, so she had signed a refusal form stating she not receive a transfusion.
For Pitfield that was enough, but the court of appeal felt there was still a question of whether Hobbs would have been admitted for the surgery had she not signed the refusal form.
"It was open to the parties to seek evidence from the hospital that it would not have admitted Ms. Hobbs if she did not sign the refusal (assuming that to be the case). No such evidence was obtained. Rather, counsel for Dr. Robertson invited Mr. Justice Pitfield, and this court, to draw the inference that but/for signing the refusal, Ms. Hobbs would not have been admitted," court of appeal
justices Jo-Ann Prowse, Risa Levine and Allan Thackray wrote in their decision, released on Tuesday.
Their decision now opens the door for another trial to go ahead. One of Robertson's lawyers, Peter Willcock, said both his client and the family had been looking at ways to address the dispute efficiently.
"It's fair to say that neither the family nor Dr. Robertson wanted the matter to go back to trial again."
The parties and their lawyers are expected to sit down to look at what should happen next, according to Willcock. "There's certainly no lack of co-operation between their families and their lawyers."
The Times contacted the family's lawyer, Louis Zivot, but had not heard back as of press time.
One of the issues the court of appeal cited in its decision was the role of the hospital over the question of getting Hobbs to sign the release form.
published on 02/17/2006
i think you could email them if you want to comment at
[email protected] and mention the article, which was front page
thanks
orbi
orbison11
JoinedPosts by orbison11
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24
Jehovah's Witness died during bloody operation-my city headline in paper
by orbison11 incourt overturns hobbs decision .
by mike chouinard .
it was almost a decade ago daphine hobbs died following a hysterectomy at chilliwack general hospital, but a case that followed might still be far from over.
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orbison11
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75
Bro PRINCE brings GLORY to JEHOVAH
by DannyHaszard insingle review: prince - "black sweat"
(comment box join in).
blogcritics.org, oh - 4 hours ago.
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orbison11
my x (jw) was/is a professional musician. one time, he was to perform at a mall, or something, with a young (17) year old girl from our hall. he was councelled not to sing with her as it was inappropiate for him to be singing with a female when he was married.
they came up with so many dumb reasons for their dumb directives.
this double standard with the dubs infuriorates me to no end...
my chidren were councelled NOT to participate in sports (extra curicullum ),,,,,,,,,now how did the williams sisters get away with it in their halls???
hmmmmmmmmmm
orbi
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Why did the JW's Shun my mother at her funeral?
by DaveNwisconsin inmy mom had died on december 9, 2005. she had been loyal to that religion for 35 years.
she had been in a nursing home for the last two years.
some of the old ladies would come and mom would still write a letter to a "not at home" once and awhile.
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orbison11
this made me think
i remember a dear, dear sister passed away.....we were encouraged to attend as it would be a 'witness' to her worldly family..not because we loved her and were paying her respect
no,,,it was for a 'witness'
how sick is that:(
orbi
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34
How aliens are seizing control of Earth (Meol'gadik)
by Franz inif you sit back and analyze how things are run, one thing is evident: that power on earth is in the hands of a nefarious few and they are not human.
humans are controlled.
unless you are a believer and follower of the most high with your eyes opened as to what's going on, then you are most likely being manipulated or controlled by them in one way or another.
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orbison11
oh dear, some little boy forgot to take his meds:(:(:(
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Is (are) sly and the family stone a jw? if so...
by orbison11 inthis just in on tonight's grammy's ,,,,,,
but perhaps the loudest applause -- and certainly the most amazement -- greeted sly stone as he joined a tribute to his music in the middle of "i want to take you higher.".
the onetime leader of sly and the family stone, who has avoided the public eye for many years, appeared with a bleached-blond mohawk haircut, not to mention a metallic greatcoat, sunglasses and a giant "sly" belt buckle.
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orbison11
yes, now that makes sense,,,,,,,,,,,,
as rosanna danna said
nevermind:)
orbi
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11
Is (are) sly and the family stone a jw? if so...
by orbison11 inthis just in on tonight's grammy's ,,,,,,
but perhaps the loudest applause -- and certainly the most amazement -- greeted sly stone as he joined a tribute to his music in the middle of "i want to take you higher.".
the onetime leader of sly and the family stone, who has avoided the public eye for many years, appeared with a bleached-blond mohawk haircut, not to mention a metallic greatcoat, sunglasses and a giant "sly" belt buckle.
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orbison11
this just in on tonight's grammy's ,,,,,, But perhaps the loudest applause -- and certainly the most amazement -- greeted Sly Stone as he joined a tribute to his music in the middle of "I Want to Take You Higher."
The onetime leader of Sly and the Family Stone, who has avoided the public eye for many years, appeared with a bleached-blond mohawk haircut, not to mention a metallic greatcoat, sunglasses and a giant "SLY" belt buckle. He played keyboards and led some of the singing, but looked uncomfortable and had disappeared by the end of the song.
Despite the strange appearance (and disappearance), his performance riveted his fellow musicians. "Can you really argue with an unbelievable looking mohawk and a silver jacket?" asked Maroon 5's Adam Levine. orbi -
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for those of you on the west coast, PRINCE is on SNL right now
by orbison11 in.
well the show is just starting and he is due to sing during the show.... hope this is not a double post:).
orbi
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orbison11
he sang 'aint no fury like a woman scorned'
not bad, but if i would have danced at a jw wedding like his 3 back up singers did,,,,well i wouldnt have been counseled the next day,,,
as they would have grabbed me off the floor that minute:):) wish i had mega $$$ when i was in, boy i could have played ..
orbi
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12
for those of you on the west coast, PRINCE is on SNL right now
by orbison11 in.
well the show is just starting and he is due to sing during the show.... hope this is not a double post:).
orbi
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orbison11
well the show is just starting and he is due to sing during the show...
hope this is not a double post:)
orbi
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GUN TOTING ELDER CHARGED MULTIPLE FELONYS (murder)
by DannyHaszard ininjured woman's husband arraigned
hartford courant, united states - 57 minutes ago .
... but the police report offers no reason ambrose - a self-employed carpenter and elder in the canton congregation of the jehovah's witnesses - attacked his wife ...
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orbison11
once again (or maybe 3,4 times) i will say again
this happened to me,,,he got $25,000 bail, after a few tries,,,,and he was not reproved, even after receiving one year in jail, moved to electronic monitoring as the jails were too full???
hhmm
orbi
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TOWN LOCKDOWN IN SEARCH OF DANGEROUS FUGITIVE JW
by DannyHaszard inlockdown in search for beating suspect
hartford courant, united states - 2 hours ago .
... central police emergency services team sped to barbourtown road and fanned out in the snow-covered fields and woods outside the jehovah's witnesses church at ...
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orbison11
He also may not be df'd, nor will the friends leave his side,,,as she pushed him to his breaking point,,,,whatever she did
yes, this also happened to me, (although not with the firearms) and the above was the outcome
orbi