Saturday, July 12, 2008

BC court denies congregation's request for permission appeal

http://www.virtueonline.org/portal/modules/news/article.php?storyid=8609

[Virtue Online] 12 Jul 2008--Today, a judge of the BC Court of Appeal, Madam Justice Rowles, denied a request by the congregation of St. Mary of the Incarnation in Metchosin (St. Mary's), for leave to appeal an earlier decision related to use of their church building. That decision gave the Diocese of B.C. in the Anglican Church of Canada exclusive access to the entire property - which includes two separate church buildings - pending resolution of a trial over who is entitled to ownership of the building.

"We are obviously disappointed," said Cheryl Chang, Anglican Network in Canada Chancellor, "because the facility the congregation is currently meeting in was not designed for a church and has limitations. However, we're very excited about recent international developments in the Anglican world, particularly the recent Global Anglican Future Conference, which clearly recognized all Anglican Network in Canada parishes, including St. Mary of the Incarnation, as part of a worldwide majority of global Anglicans. We will be consulting with our legal counsel next week to determine our options at this point."

This court decision only pertains to the matter of who uses the church buildings between now and the eventual trial to decide ownership of the property. It does not affect that ultimate decision of who will be found to be the "beneficial" owner of that property. In other words, a determination of who that property is held "in Trust" for.

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