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Wrongful Death Case Against Jehovah's Witnesses In Canada Dismissed In Part

By Howard M. Friedman

Hughes v. Brady, (Alb. Ct. App., May 25, 2009), is a wrongful death action by the father of Bethany Hughes. Bethany died at age 17 of leukemia. In the case, the Alberta [Canada] Court of Appeals held that Bethany's father may not introduce new evidence against the Watchtower Society or its lawyers in his suit for damages. Following her Jehovah's Witness beliefs, Bethany refused blood transfusions until she was made a ward of the state. The court affirmed the decision of the court below to dismiss claims that defendants had deceived Bethany and that Watchtower lawyers who advised her had a conflict of interest. In part the court found no causal connection between their actions and Bethany's death had been shown. However the appellate court agreed with the lower court that the case could proceed on certain other claims relating to informed consent, trespass and negligence. Yesterday's Calgary Herald reports on the decision.

Full post as published by Religion Clause on May 27, 2009 (boomark / email).