Following the Margot Bentley Court Case #1

The media coverage of Mrs. Margot Bentley has been far-reaching. Many of you will know that her family has decided to sue because her living will wishes have not been honoured. It is not easy to ‘go public’ about a conflict and we would like to thank Margot Bentley’s family for making the documents they filed with the Supreme Court of B.C. available for public viewing. This allows British Columbians to learn more about the court process, our laws and this case, which promises to be significant.

Nidus is following the Court case and you can too.

Below is basic information about the court process with some of the specifics of the Margot Bentley case.

Type of court case

The Margot Bentley case is a civil action in the B.C. Supreme Court. A civil court action happens when there is a lawsuit between private parties. A criminal court action requires a criminal charge laid by Crown Counsel (prosecutors for the province) upon reviewing a report of an alleged criminal offence submitted by police.

There are two types of civil action

• Notice of Civil Claim

• Petition

A Notice of Civil Claim, the most common type of civil action, is used, for example, in lawsuits related to personal injury claims. It begins with a process called Discovery where each party shares evidence and information. The emphasis is always on reaching a settlement and avoiding a trial. However, a Notice of Civil Claim can lead to a trial with live witnesses, examination of witnesses and cross-examination. The trial may be held with a judge and jury or with a judge only.

Margot Bentley’s family has initiated a civil action (lawsuit) by way of a Petition. This is meant to be a faster, simpler process. It is used, for example, in actions relating to wills and estate matters, interests in land, or the property of infants and persons who are considered not legally competent. Committeeship (adult guardianship) applications are also done by Petition. Everything is provided in writing and evidence is given by affidavits. A Petition is done before a judge only. The judge will read the written documents prior to the Hearing.

Elements of a Petition

The page numbers beside the elements listed below correspond to those sections in the Margot Bentley Petition, which was filed in the Vancouver Court Registry on August 6, 2013.

› Naming of the Petitioners (the parties initiating the lawsuit) – p. 1

• Margaret (Margot) Bentley, represented by Katherine Hammond as her litigation guardian,

• John Bentley (Margot’s spouse), and

• Katherine Hammond (Margot’s daughter)

The lawyer for the Petitioners is Kieran A.G. Bridge.

› Naming of the Respondents (the parties being sued) – p. 1

• Maplewood Seniors Care Facility (where Margot Bentley currently resides),

• Fraser Health Authority, and

• The Province of British Columbia (Ministry of Justice and Attorney General)

› Claim of Petitioners

Part 1: Orders Sought: the Court Order(s) that the Petitioners are seeking – p. 3

Essentially, the Petitioners are asking the judge to order that Margot Bentley’s written and oral wishes not to be fed nourishment or liquids be honoured. The Petition includes a number of declarations as well as orders. Sometimes Petitions are amended later.

Part 2: Factual basis for the claim – p. 11

Part 3: Legal basis for the claim – p. 22

Part 4: Material to be relied on (list of evidence/affidavits) – p. 38

Affidavit of Katherine Hammond

› Estimate of time the Petitioner will need at the hearing to present their case – p. 39

Respondents have 21 days from the time the Petition is served on them (delivered) to file their response with the B.C. Supreme Court Vancouver Registry.

Elements of a Response to a Petition

› Respondents must respond to each order requested in the Petition by stating whether they: agree to, oppose, or take no position on it.

If they state opposition to any of the orders, the Respondent must:

• Briefly summarize factual and legal bases for the Respondent’s opposition, and

• List affidavits/evidence the Respondent wants to rely on.

› Estimate of time the Respondent thinks they will need at the hearing to present their case.

Nidus does not know if the documents by the three Respondents will be available for public viewing once filed with the Court Registry and served on the Petitioners.

Steps in a civil action by Petition

Nidus has created a timeline showing the steps of a court action by Petition. We will update it from time to time as details, such as the date of the court hearing, are announced.

For those who are interested in more details, you can hover over the steps on the timeline for links to information from a Guidebook series on Representing Yourself in Supreme Court Civil Matters, written by David Mossop, Q.C., Community Legal Assistance Society, www.clasbc.net 

UPDATE:  The Guidebbok series with details of the steps in a Civil Claim are now online. The links on the timeline at this post have been updated. Click for the online Guidebooks.

Special thanks to Molly Shamess, recent graduate of UBC Law and former volunteer with Nidus through the Pro Bono Law Student Program. Molly’s interest in criminal law was very useful for helping to clarify the court process.