A Vancouver Island woman, who has been permanently banned from offering midwifery services, is being sued by a Chemainus couple for mishandling the birth of their son.

In a lawsuit filed with the B.C. Supreme Court on Dec. 3 against Gloria Lemay, a self-described childbirth advocate and birth attendant, the couple is seeking compensation for the 鈥減sychological and physical harms collectively suffered due to the gross negligence and misrepresentations鈥� of Lemay, who they retained for $2,800 in 2021 to provide expert guidance and support during the home birth of their son. We will not be naming the couple to protect the identity of their child.

According to the lawsuit, Lemay told the parents she was successfully involved in more than 1,500 natural at-home births, but neglected to inform them that she was not, nor has ever been, a licensed midwife, and since 2000 had been permanently prohibited by court order from performing midwifery services.

In December of 2021, Lemay spent 18 hours at the home of the couple from Chemainus when the mother went into labour and, the lawsuit maintains, Lemay provided no reasonable or appropriate care, guidance, or support during that time.

鈥淚nstead, [Lemay] was unresponsive, rude, dismissive, and actively obstructive over the course of the labour,鈥� the lawsuit said.

Difficulties arose during the labour, including issues with the newborn鈥檚 genitalia, and, despite advice and warnings from Lemay not to, the couple decided to abandon their plans for a home birth and head to Nanaimo Regional General Hospital where, despite attempts by the hospital鈥檚 medical staff to salvage a vaginal birth, the baby was ultimately delivered by C-section.

鈥淎s a direct result of the Lemay鈥檚 acts and omissions during the birth, the [mother and child] have suffered injury, damages, and loss,鈥� the lawsuit said.
鈥淭he acts and omissions of Lemay constitute malicious, reckless, and highhanded behaviour. Lemay has deliberately violated previous orders of this court restraining her from engaging in midwifery practices in British Columbia in exchange for her own financial gain.鈥�

The lawsuit said Lemay鈥檚 conduct constitutes flagrant disregard of the laws of B.C., and skirts the regulations and protections which would otherwise be provided by a licensed member of the British Columbia College of Nurses and Midwives, and that her conduct constitutes 鈥渘egligent misrepresentation鈥�.

鈥淟emay knew, or ought to have known, that she did not have the requisite experience or education to provide the services at the standard expected of a reasonably prudent midwife or birth attendant,鈥� the suit said. 鈥淗er conduct and false representations put the lives of the [mother and child] at risk. [Lemay is] wholly deserving of rebuke from this honourable court.鈥�

The allegations in this lawsuit have not been tested in court. Lemay has not yet filed a response with the court.

Lemay鈥檚 home was searched by the RCMP and officials from the B.C. College of Nurses and Midwives in January, 2024, after reports that she may be unlawfully offering midwifery services.

According to a public advisory at the time, the college had received reports that Lemay, who is permanently banned from offering midwifery services, may be offering midwifery services and performing restricted activities.

Given reports about Lemay鈥檚 ongoing activities in that time period, the BCCNM appeared in BC Supreme Court on Jan. 25 and obtained an order to search her residence and seize evidence.

Lemay said in an email to the Citizen that she is unaware of the allegations at this time.