Ownership 'clearly vested in the diocese'
https://archives.anglican.ca/link/article39454
- Author
- Staff
- Material Type
- Journal Article
- Journal
- Anglican Journal
- Date
- 2008 September
- Volume
- 134
- Issue
- 7
- Page
- 13
- Notes
- "A British Columbia Supreme Court justice [Marion J. Allan] on May 28 [2008] ruled that a group of dissident parishioners at Victoria's St. Mary of the Incarnation, Metchosin, diocese of British Columbia, may not have the exclusive use of the church building while the question of ownership is being decided". "Commenting on the decision, Bishop James Cowan noted that 'we are deemed to be the owners of the property', but declined further comment. In her decision, Justice Allan said legal ownership is 'clearly vested in the diocese'. Beneficial ownership -- whether the property is held in trust for the congregation, diocese or national church -- 'is indeed an issue for future determination', wrote the judge. Cheryl Chang, legal counsel for the Anglican Network in Canada, a breakaway group that includes St. Mary, said in an interview that legal title does not necessarily reflect who has beneficial ownership". "After Justice Allan's decision, the network released a statement saying that it 'will cause hardship to the congregation, as they will be forced to find alternative accommodations for Sunday services'."
- Subjects
- British Columbia. Supreme Court
- Allan, Marion J.
- Anglican Church of Canada. Diocese of British Columbia - Trials, litigation, etc.
- Anglican Network in Canada (ANiC)
- St. Mary of the Incarnation Anglican Church (Metchosin, B.C.)
- Anglican Church of Canada - Parties and movements
- Cowan, James (James Arnold Jackson), 1951-
- Chang, Cheryl
- Location
- General Synod Archives