Ash v. Methodist Church

Ash v. Methodist Church

The appeal was dismissed because the disciplinary act of 'locating' the minister was within the Conference's jurisdiction, the domestic appellate court had declared the proceedings regular, and the civil courts should not interfere in matters clearly within the powers of the church's internal forum.

Citation
(1901) 31 SCR 497
Parties
Appellant / Plaintiff: J.C. Ash; Respondent / Defendant: The Methodist Church
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
12 November 1901
Procedural Posture
Appeal / Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario
Outcome
Appeal dismissed with costs.
Legal Topics
Church Discipline, Jurisdiction to Discipline Clergy, Judicial Non‑interference, Superannuation/locating of Minister
Source Language
English
Church Law Administrative Law Civil Procedure Church Discipline Jurisdiction to Discipline Clergy Judicial Non‑interference Superannuation/locating of Minister

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Parties

J.C. Ash

Appellant / Plaintiff

The Methodist Church

Respondent / Defendant

Procedural Posture

Appeal / Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario

Legal Issues

  1. 1 Whether civil courts may review or interfere with disciplinary decisions of a church conference
  2. 2 Whether the Methodist Conference had authority to 'locate' (superannuate) the minister after twenty‑three years' service
  3. 3 Whether the plaintiff had a civil remedy or right to reinstatement

Ratio Decidendi

The appeal was dismissed because the disciplinary act of 'locating' the minister was within the Conference's jurisdiction, the domestic appellate court had declared the proceedings regular, and the civil courts should not interfere in matters clearly within the powers of the church's internal forum.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.