Results of a property dispute in the Anglican Diocese of New Westminster are in, and the results affirm that “a parish does not have authority to unilaterally leave the Diocese.”
Anglican Diocese of New Westminster: Trial Results are In
A Statement from the Chancellor of the Anglican Diocese of New Westminster
From the website of the Anglican Diocese of New Westminster
Mr. Justice Stephen Kelleher of the Supreme Court of British Columbia in Reasons for Judgment released today ruled that the four parish properties under ownership dispute in the suit brought against The Diocese of New Westminster and Bishop Michael Ingham by 22 leaders of four dissident congregations remain within the Diocese of New Westminster.
In a 97 page, 336 paragraph decision, Justice Kelleher has upheld the integrity and authority of Structures, Canons and Constitutions of the Diocese of New Westminster and the autonomy of the Anglican Church of Canada.
. . .
““A parish does not have authority to unilaterally leave the Diocese, and it is consequently ultra vires(beyond the powers) for it to pass a resolution purporting to do so. Additionally, while parish corporations may hold title to real property, the effect of s. 7(4)(a)* is that that property effectively remains within the Diocese unless the Executive Committee and Bishop agree to mortgage, sell or otherwise dispose of it.”