There was also extensive discussion on the principles of trust law in relation to religious purpose trusts, as well as the court’s traditional inherent jurisdiction and its duty in respect of such trusts.
Mr. Cowper gave an overview of the history of the crisis and the division occurring in the Anglican Church, not only locally in New Westminster (which he referred to as “ground zero” of the crisis), but nationally and internationally, characterizing this case as one of “division not departure”. The Anglican Church is dividing, so is it fair and just for one party (in this case, the defendant diocese and bishop) to claim all the property and assets? As Mr. Cowper stated, “The question before the Court is whether the division created by the Defendants’ doctrinal and liturgical innovations justifies the expulsion of the plaintiff congregations from the church properties they funded, maintained and have long considered their church homes”.
Mr. Justice Kelleher was clearly engaged and listened intently throughout the day, asking clarifying questions on several occasions.
Read it all.
Anglican Network in Canada: Day 1 ”“ Trial of ANiC Parishes v Diocese of New Westminster
There was also extensive discussion on the principles of trust law in relation to religious purpose trusts, as well as the court’s traditional inherent jurisdiction and its duty in respect of such trusts.
Mr. Cowper gave an overview of the history of the crisis and the division occurring in the Anglican Church, not only locally in New Westminster (which he referred to as “ground zero” of the crisis), but nationally and internationally, characterizing this case as one of “division not departure”. The Anglican Church is dividing, so is it fair and just for one party (in this case, the defendant diocese and bishop) to claim all the property and assets? As Mr. Cowper stated, “The question before the Court is whether the division created by the Defendants’ doctrinal and liturgical innovations justifies the expulsion of the plaintiff congregations from the church properties they funded, maintained and have long considered their church homes”.
Mr. Justice Kelleher was clearly engaged and listened intently throughout the day, asking clarifying questions on several occasions.
Read it all.