The appellant appealed an order finding that the civil courts had jurisdiction over the respondent's claims of sexual assault by a priest and negligence by the appellant.
The appellant argued the motion judge breached natural justice by relying on an academic article and case law not raised by the parties.
The Court of Appeal dismissed the appeal, holding that the motion judge's reference to an academic article criticizing prior case law did not breach natural justice, as it did not involve relying on facts outside the record.
The Court upheld the finding that the dispute was not purely ecclesiastical in nature and subject to canon law.
Furthermore, the Court found no palpable and overriding error in the motion judge's exercise of discretion under the Van Breda framework.
