A lawsuit by two former trustees of the parish of St. Martin in North Vancouver against their bishop and their former parish has been dismissed in BC Supreme Court by consent of all parties.
A consent dismissal order has been signed by counsel on their behalf and filed with the court. By the order, all parties agree that the case is at an end.
Christopher Vondette and James Burns, the former trustees, initiated the process which resulted in the dismissal of the lawsuit. The former trustees also agreed to pay a portion of the legal costs incurred by the Diocese of New Westminster.
"This has the effect of dismissing the case on its merits, without qualification," said Chancellor George Cadman, legal officer of the diocese. "St. Martin's can continue its outreach and ministry without this action hanging over their heads."
The former trustees started the court action in February, 2004. It had been set to be heard June 22.
The two men were among the leadership of the parish which was discharged in September 2003 by Bishop Michael Ingham. At the time the bishop said he was acting to bring "peace, order, and stability" back to the parish.
The bishop took the action under diocesan Canon 15. This Canon (church law) allows the bishop to intervene in a parish in crisis. The bishop's action was confirmed at a meeting of the Diocesan Council, which is made up of 40 lay and clergy Anglican leaders from the Lower Mainland and Sunshine Coast.
"This dismissal has the effect of upholding those actions by the bishop and the Diocesan Council as both appropriate in the circumstances and under church law," Cadman added. The order was filed with the court in early July.