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04/09/2014

Bentley Family Appeals British Columbia Supreme Court Ruling on Advance VSED

In early February, the Supreme Court of British Columbia issued a 44-page decision in Bentley v. Maplewood Seniors Care Society (2014 BCSC 165).  I analyzed and critiqued the decision in the Spring 2014 issue of the Journal of Clinical Ethics 25(1).


The family has appealed the Court’s ruling to the Court of Appeal for British Columbia (Case Number CA-41600).  The Court of Appeal is the highest court in the province.  But it may be some time before we get a sense of the parties’ arguments.  It normally takes 6 months to perfect an appeal and another 6 months to get a hearing.


My quick reading of the Court of Appeal rules indicates that the following is a rough schedule:

  • February 24, 2014 — Notice of Appeal filed 
  • April 24, 2014 — Appeal record filed (within 60 days of above)
  • May 24, 2014 — Appellant (Bentley family) files its Factum (within 30 days of above)
  • June 24, 2014 — Respondent (Maplewood Care) files its Factum (within 30 days of above)
  • July 1, 2014 — Appellant files Reply (within 7 days of above)

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