There was also extensive discussion on the principles of trust law in relation to religious purpose trusts, as well as the court\u2019s traditional inherent jurisdiction and its duty in respect of such trusts.<\/p>\n
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 \u201cground zero\u201d\u009d of the crisis), but nationally and internationally, characterizing this case as one of \u201cdivision not departure\u201d\u009d. 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, \u201cThe question before the Court is whether the division created by the Defendants\u2019 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\u201d\u009d.<\/p>\n
Mr. Justice Kelleher was clearly engaged and listened intently throughout the day, asking clarifying questions on several occasions.<\/p>\n