Ferguson et al. v. MacLean et al.

Ferguson et al. v. MacLean et al.

Because no valid vote of non-concurrence was established the congregation was placed in the United Church by statutory operation; consequently the property remained vested in the trustees for the benefit of the congregation as constituted after union (i.e. as a congregation of the United Church), and individual non-concurring members who separated have no proprietary claim absent the statutory consent contemplated by s.6.

Citation
[1930] SCR 630
Parties
Appellants/plaintiffs: John Ferguson et al.; Respondents/defendants: Lachlan H. MacLean et al.
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
7 October 1930
Procedural Posture
Appeal Civil / Appeal to the Supreme Court of Canada From Supreme Court of New Brunswick, Appeal Division
Outcome
Appeal dismissed with costs
Legal Topics
Church Union, Voter Qualification and Franchise, Statutory Interpretation, Ejusdem Generis Rule, Reversionary and Contingent Interests, Validity and Method of Ballot Voting, Disposition of Congregational Property
Source Language
English
Church Law Property Law Trusts Constitutional Law Commercial Law Church Union Voter Qualification and Franchise Statutory Interpretation +4 more

Case Brief

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Parties

John Ferguson et al.

Appellants/plaintiffs

Lachlan H. MacLean et al.

Respondents/defendants

Procedural Posture

Appeal Civil / Appeal to the Supreme Court of Canada From Supreme Court of New Brunswick, Appeal Division

Legal Issues

  1. 1 Whether the congregational votes for union were valid and whether voter qualifications and method satisfied provincial and Dominion Acts
  2. 2 Whether, absent a vote of non-concurrence, the congregation became part of the United Church by statutory operation
  3. 3 Whether the congregational property fell within s.6 of 14 Geo. V, c.59 (N.B.) (and corresponding Dominion provision) so that property does not pass without explicit consent

Ratio Decidendi

Because no valid vote of non-concurrence was established the congregation was placed in the United Church by statutory operation; consequently the property remained vested in the trustees for the benefit of the congregation as constituted after union (i.e. as a congregation of the United Church), and individual non-concurring members who separated have no proprietary claim absent the statutory consent contemplated by s.6.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs
  • Judgment of the Supreme Court of New Brunswick, Appeal Division, affirmed in result