www.carters.ca
www.charitylaw.ca
•Therefore, the
class proceeding was certified on the basis
of a number of common issues including: breach of
fiduciary duty; negligent misrepresentation (regarding the defendants’
authority and legal status to install their own church
council without the approval of the members and to
appropriate church property); and conspiracy (to disband and
disenfranchise the class members)
•Under terms of court approved
settlement, the defendants agreed to release their claim to the church’s
property and the church agreed to resign from the
denomination
•The introduction of a class
action into a church dispute may be the first in Ontario, if not
Canada
•Decision could have broader
application
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