Law Suite Iin Wrong Remains Being Given to Family

March 04, 2022 Post a Comment

The family of a Berwick, N.S., adult female whose remains were mixed upwardly with another person and mistakenly cremated nigh 2 years ago is suing the company that owns the funeral dwelling house where the "horror story" took place.

The Berwick Funeral Chapel is where Sandra Bennett's funeral took place. (CBC)

The family of a Berwick, N.S., woman whose remains were mixed up with another person and mistakenly cremated almost two years ago is suing the company that owns the funeral home where the "horror story" took identify.

The lawsuit past Sandra Bennett'south family unit was filed Dec. 16 in Nova Scotia Supreme Court in Kentville. The defendant is 3270077 Nova Scotia Limited, the numbered company that operates the Berwick Funeral Chapel, as well as several other funeral homes in Nova Scotia.

The statement of merits alleges that Bennett's husband, Gary, and their son, Tim, were shocked when they went to a visitation on Dec. 27, 2017, at the Berwick Funeral Chapel and discovered it was not their wife and mother in the catafalque.

The lawsuit said funeral domicile employee Ted McCreadie "repeatedly attempted to convince the plaintiffs that the casket independent the body of the belatedly Sandra G.T. Bennett, but that the plaintiffs were also upset to recognize her."

It goes on to say that McCreadie then brought out a second casket containing the body of another female. When the family said it was not their loved one, the lawsuit said McCreadie over again attempted to convince the plaintiffs the second catafalque contained Bennett'southward body.

Tony Facey is the possessor of the Berwick Funeral Chapel and was non disciplined because of the mix-up. (FuneralPlanningMadeSimple.com)

The lawsuit said a lengthy argument took place and the family was left lonely for 45 minutes while McCreadie tried to figure out what was incorrect. It said when McCreadie returned to tell them Bennett had been cremated, her married man collapsed.

The argument of claim said when the homo came to, he was told his wife's ashes were at another funeral that was taking place in nearby Coldbrook. They were told to wait until that service was finished before Bennett's ashes could be returned to Berwick for her funeral, which was slated for later on that twenty-four hours.

What was supposed to be a memorable celebration of Sandra Bennett's life "was transformed into a virtual horror story shrouded in misery, anger and uncertainty," said the statement of claim.

Family unsure who they buried

The ashes were finally returned to Berwick, simply the lawsuit said the plaintiffs aren't sure whether the ashes belong to Bennett.

The lawsuit alleges negligence past funeral abode staff and said the family members have suffered, among other things, PTSD, depression, astringent emotional stupor, upset and anxiety.

None of the allegations has yet been proven in court, although the Nova Scotia Board of Registration of Embalmers and Funeral Directors withdrew the licence of funeral director David Farmer, finding him guilty of negligence and professional misconduct for mistakenly cremating Bennett's torso.

The provincial authorities'due south Registrar of Funeral Services also suspended the business organisation from doing cremations for 30 days.

What the board constitute

In the lath'south decision confronting the owner of the funeral home, Tony Facey, the allegation of a second casket existence brought to the Bennett family was not founded. That determination was based solely on funeral domicile staff testimony.

Bennett's family refused to attend the lath'southward inquiry, saying information technology was one-sided and unfair, since they were simply allowed to testify, not hear testimony or ask questions.

The board made a number of recommendations that the province accepted. I of them centred on labelling bodies every bit soon as the funeral home takes possession of them. The authorities did not specify what kind of label should be used, although some funeral homes use metal tags with numbers that tin survive the cremation process and ensure the remains are properly identified.

The lawsuit is challenge unspecified general and special damages.

The defendant has nonetheless to file a response.

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