The family of a Nova Scotia woman whose remains were mistakenly cremated after a bizarre mix-up has filed a lawsuit against a funeral home in rural Berwick, saying the experience was like a “horror story shrouded in misery.”
The remains of 65-year-old Sandra Bennett were supposed to be in an open casket during a visitation on Dec. 27, 2017 at the Serenity Funeral Home, but instead the Bennett family was presented with the embalmed remains of 96-year-old Myrtle Wilson.
In a statement of claim filed this week, the Bennett family says funeral director Ted McCreadie tried to persuade the family that the woman in the casket was their loved one.
The statement says McCreadie suggested the family was too upset to recognize her.
“After failing to convince the plaintiffs that the body on display was that of the late Sandra Bennett, Mr. McCreadie subsequently presented the plaintiffs … with a second casket containing the body of another female,” the statement of claim says.
“Once again, the plaintiffs had to explain that the body in the second casket …. was not the body of Sandra Bennett.”
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However, the statement alleges McCreadie later admitted Bennett’s body had been cremated by mistake.
“What was supposed to have been a memorable celebration of Sandra Bennett’s life was transformed into a virtual horror story shrouded in misery, anger and uncertainty,” the statement says.
Family members say they suffered emotional shock, post-traumatic stress and depression as a result of the funeral home’s negligence. They are claiming payment of damages and related costs, including loss of income and impairment of earning capacity.
None of the allegations has been proven in court and the funeral home has yet to file a statement of defence.
The mix-up led to a February 2018 inquiry conducted by the Nova Scotia Board of Registration of Embalmers and Funeral Directors. The board later revoked the licence of funeral director David Farmer, who worked for Serenity Funeral Home.
It found Farmer didn’t check the identities of two bodies in the same vehicle outside an Annapolis Valley crematorium on Dec. 20, 2017.
READ MORE: Woman’s body switched at funeral home, accidentally cremated: grieving family
According to the board’s report, two staff members from the funeral home picked up Wilson’s body from a Digby nursing home after midnight, and another team picked up Bennett’s body early the same morning from her home.
After they were taken to the firm’s Port Williams facilities, one of the vehicles was needed for another pickup, and the two bodies were placed in the same vehicle.
Bennett was placed on the left and Wilson was placed on the right.
The report states that Farmer believed that Wilson’s body was the one on the left side of the van because the normal practice was to arrange the bodies in the order they had been received, starting from the left.
In a written submission, Farmer said he didn’t check the written identification, nor did he telephone the two men who transported the bodies to confirm the identities.
The provincial government later introduced stiffer fines and stricter rules for the industry.
However, Bennett’s husband Gary said the changes were insufficient, because complaint hearings won’t be held in public, and bereaved family members won’t be able to pose questions to the funeral home operators and their staff – options that are available when complaints are filed in Ontario.
It was for these reasons that the Bennett family declined to participate in the industry inquiry, which disputed the Bennetts’ assertion they were presented with two bodies.
Among other things, the province now requires all funeral homes and crematoria to label human remains at all times while in their custody.
Other changes included increasing fines from $500 to a maximum of $25,000 for individuals and up to $300,000 for businesses. Funeral homes can also be prosecuted for offences up to three years after the incident happens or the registrar becomes aware of the incident.
This report by The Canadian Press was first published Dec. 19, 2019.
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