Current News

Posted On: 8/6/2011 10:16:47 AM Last Updated On: 8/6/2011 10:17:21 AM
Diocese Receives $155,000 in Costs

On Friday, July 29th, the Diocese of New Westminster received a cheque in the amount of $155,000.00 from the legal representatives of the 22 individuals, clergy and lay (Plaintiffs) who brought suit against the diocese and Bishop Michael Ingham over control of the assets of four parishes in 2009.

In total, the Plaintiffs brought three proceedings against the diocese, first in the BC Supreme Court, then in the BC Court of Appeal, and finally in the Supreme Court of Canada.

In the first decision, the diocese was considered by the court to be the party that was substantially successful and, at a subsequent hearing, the diocese was granted court costs.

The BC Court of Appeal upheld the original decision and also granted court costs to the diocese. And finally in June of 2011 the Supreme Court of Canada denied the Plaintiffs Leave to Appeal from the decision of the Court of Appeal and also awarded the costs of that process to the diocese.

In the Canadian court system, costs are generally awarded to the party that has been substantially successful, with those costs paid by the opposing litigants, but costs are awarded according to a variety of scales at each level and often the costs are a moderate percentage of the actual costs incurred.

The desire of the bishop and diocese is to put this era of legal wrangling behind us as much as possible and move forward with ministry. As a result, the costs were negotiated by counsel for both parties without going through the further potentially costly legal process of assessment in the fall of 2011.


Randy Murray
Sections:

Articles
Diocese Receives $155,000 in Costs
Supreme Court of Canada Dismisses Leave to Appeal
Diocese Opposes Supreme Court Appeal - February 11th, 2011
Diocese Seeks Cost of Successful Appeal
Appeal and Trial Costs Awarded to the Diocese of New Westminster
Trial Update - January 14, 2011 - Dissident Parishes Initiate Further Legal Action
Appeals Dismissed
Statement from the Diocese - BC Court of Appeal Results
ANiC Trustees Initiate Further Legal Action
Plaintiff's Appeal September 13th - Day One
Appeal Continues - Day 2
Bishop knew of several dioceses blessing same sex unions before the Diocese of New Westminster did
Bishop testifies he came to being in favour of a same sex blessing slowly
Trial involving suit brought against Diocese of New Westminster begins
Trial ends in the case of 22 leaders of four dissenting congregations vs. the Diocese
Trial Results are In
Diocese's witnesses say they continue to be welcome in the Anglican Communion
Leader of St. John's Shaughnessy says he wanted to remain in Canadian Church
Appeal Concludes, September 16th
Worship at St. Matthew's Abbotsford
Network's lawyer says judge should recognize Anglican division is "real"
Court learns former bishop was asked to help in diocese
Dissident Anglicans say they were upset by more than same sex blessings
Day 3 of the Appeal
Justice Kelleher Supports Request for Costs - Update July 28, 2010