Sean Christopher Flaherty

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.

The appellant appealed the decision of the motion judge denying an order for an oppression remedy under s. 135 of the Condominium Act, 1998.

The Court of Appeal found no basis to interfere with the motion judge's decision, noting she considered the full record, the case law, and properly exercised her discretion.

The appeal was dismissed with costs awarded to the respondent.