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Parishes take their bishop to court: CEN 9.19.08 p 6. September 20, 2008

Posted by geoconger in Anglican Church of Canada, Church of England Newspaper, Property Litigation.
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Four traditionalist congregations in Vancouver have sought court protection from Bishop Michael Ingham and the Diocese of New Westminster, asking the British Columbia Supreme Court to adjudicate who controls their parish properties.

On Aug 26 the diocese ended the Lambeth Conference ceasefire in Canada, and attempted to dismiss the wardens and parochial council of St. Matthew’s in Abbotsford and St Matthias & St Luke’s in Vancouver, following their February decision to quit the diocese for the Anglican Network in Canada (ANiC).

The diocese sought to institute its own wardens and attempt to regain “control of the parishes,” it said in a press statement.

On Sept 9 the leaders of the two parishes, along with the leaders of St John’s Shaughnessy and Church of the Good Shepherd, filed suit seeking the nullification of the diocese’s order dismissing the wardens and parochial councils.

“The fundamental question to be ultimately determined is whether the trustees of the parish hold the property “in trust” for the diocese or for the parish congregation. However, at this time, we are simply asking the court to clarify the trustees’ responsibilities until this larger question can be settled,” ANiC chancellor Cheryl Chang said.

“These trustees were elected by the people of the parish to safeguard the ministries and assets of the parish and, in that capacity, they have certain legal responsibilities. Now the Diocese is demanding they hand over the keys and assets. They need the courts to clarify their responsibilities so they can act accordingly.”

Diocesan chancellor George Cadman stated, “we deeply regret that some individuals who claim affiliation with the Anglican Network in Canada have seen fit to commence legal proceedings against the diocese and the bishop.”

“Although the diocese regrets that the matter is now in court, it will mount a strong defence and respond, in accordance with court rules,” he said.

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