A highly unusual B.C. court case serves as a reminder to have a clear will in place before your death.
Mr. T. died suddenly in October 2018. Shortly afterward, his wife (Mrs. T) brought a petition under the Assisted Human Reproduction Act (AHRA) to have Mr. T’s sperm removed from his body and stored at an in vitro fertilization clinic.
Mr. T had no will and provided no written consent for such removal prior to his death.
Initially, the judge in the case made an order to preserve Mr. T’s sperm so the parties could make full submissions on the most important part of what Mrs. T sought in her petition: whether she could use Mr. T’s reproductive material to create an embryo for reproductive use by her.
Before Mr. T. died, he and his wife had recently had their first child and the evidence was accepted that they planned on having more. However, this was not enough for the court to order that Mr. T’s sperm could be used for reproduction without his consent.
Mrs. T tried to rely on implied consent and/or provincial legislation providing for inferred or substituted consent in cases of incapacity. However, the court did not find such an argument of assistance.
The court instead found that legislation was paramount and it was not open for the court to rely on the common law where it directly contradicts or is qualified by clear and unequivocal legislative language.
Mrs. T’s situation is a tragic one. Not only did she lose her husband and partner, but she lost the ability to have children with him, despite the fact that such procreation was clearly contemplated by Mrs. T’s late husband.
The problem with the law here is that it was not flexible enough to allow for a common sense determination of this important issue. Unfortunately, waiting for legislators to catch up to the real world is a lesson in extreme patience.
Recently, Hammerco Lawyers held the airline giant Cathay Pacific accountable in a class action win affecting over 9 million passengers.
Partner, Dale McGregor, helped our client previously for a tragic 2008 motorcycle collision that ended her working life. In 2015 and 2016 she was then involved in two further collisions that left her even more disabled.
On May 1,2021 ICBC is enacting a new no-fault insurance model. This model is referred as an “enhanced care”, individuals involved in car accidents in British Columbia will no longer be able to sue for injuries.
Insurance brokers have a duty to give sound insurance advice. In a commercial insurance context, brokers are required to know the in/out of a clients’ business in order to source and secure the proper insurance coverage.