The appellants, representing members of a church congregation who voted to leave the Anglican Diocese of Huron due to theological differences, appealed a trial decision declaring that the diocese held the church property and a charitable foundation in trust for the static parish, not the departing members.
The Court of Appeal dismissed the appeal, affirming that 'parish' refers to a static entity that continues in perpetuity regardless of changes in membership, and that the departing members could not take the property with them.
The Court also allowed the diocese's cross-appeal on costs, finding that the costs judge erred in ordering each party to bear its own costs to promote harmony, and awarded $100,000 in costs to the diocese.
