[Ed. Note: The judge has not made a final determination on this issue. While the case is pending and until a decision is rendered, both the diocese and the parishes who have gone to the Southern Cone, will share joint use of the building. The diocese will have access on Sunday afternoon and 1 night a week; for funerals and marriages and they will split the times for special holidays such as Christmas and Easter. this is an interesting variation from what we have seen across the US, where one party alone occupies the building. Cheryl M. Wetzel]
a c c w e b n e w s
The Anglican Church of Canada
May 6, 2008 -- A Superior Court judgment released yesterday has ordered three parishes in the diocese of Niagara that voted earlier this year to affiliate themselves with the Province of the Southern Cone to share the use of their property with the diocese.
The judgment, by Madam Justice Jane Milanetti, supported the position advanced by the diocese at a previous hearing. The dissident parishes - St. George's Lowville, St. Hilda's Oakville and the Church of the Good Shepherd St. Catharines were seeking exclusive use of parish.
properties.
In her decision, Madam Justice Milanetti ruled that the title of two of the three parishes clearly rests with the diocese and that the third probably does as well.
She said that the position advanced by the diocese that parish facilities be shared seemed logical to her.
Madam Justice Milanetti also awarded legal costs to the diocese of Niagara.
The 19 page decision in .pdf file is at http://www.anglican.ca/pdf/NiagaraDecision.pdf
Ed. Note: While the judge does not believe it is her obligation to determine theological arguments, she does outline the case between the parishes that have left and the Diocese, especially with regard to the recent vote to perform same-sex blessings. She states that the argument has been active for years, not months. this is an interesting twist on the usual circumstances and worth the read. Cheryl M. Wetzel]
