From Canada-
August 15th, 2011 the Ontario Superior Court of Justice has ruled that the buildings and other property of St. Aidan's Anglican Church in Windsor will remain with the Anglican Diocese of Huron. In dismissing an action launched by representatives of a breakaway group, which has since joined the Anglican Church of North America (ACNA ANiC), Justice T. D. Little also ruled that a Charitable Foundation set up by the congregation many years ago, also remains with the Diocese of Huron Parish of St. Aidan's. One hundred and nine members of St. Aidan's voted in 2008 to leave the Anglican Church of Canada and then launched legal action against the Diocese to try and take the property with them.
In his decision, quoting from Anglican history, structure and governance, Justice Little wrote:
“Members can come and go in a parish at any time, but the parish itself remains.
In 1923 there were some 110 people who applied to the Diocese of Huron to become a parish of that Diocese. They were granted that right by the Bishop of the Diocese of Huron and became St. Aidan's Parish of that diocese. The membership changed over the years. The effect of the vote that took place in September 2008 was to indicate that those who voted in favour of leaving the Diocese of Huron were also voting in favour of leaving St. Aidan's Parish of that Diocese. The parish could not sever itself from the Diocese.”
Justice Little stated in several portions of his decision, his agreement with a recent decision between break away groups and the Anglican Diocese of New Westminster. The Anglican Church of Canada Diocese prevailed in that case, which was upheld on an appeal. A request by the break away group for leave to Appeal to the Supreme Court of Canada was denied.
More here-
http://www.vancouver.anglican.ca/News/tabid/27/Mode/ViewArticle/ArticleId/1299/Default.aspx
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