Historic North Buxton congregation won't have to leave church building yet

The Superior Court of Justice has ruled that the historic North BuxtonCommunity Churchcan't be evicted from the church lands they have used since 1866 until the matter of ownership is settled.

The congregation was ordered to leave in June by British Methodist Episcopal Church of Canada (BMEC), who owns the property.

"There is a long history in this piece of property. It is not just about money or who owns what," Justice Shaun S. Nakatsuru wrote. "The resolution of these issues will have significant impact on the lives of members of the congregation and on the spiritual needs of real people."

That long history started in the 1850s with the Buxton Settlement, a southwestern Ontario community that originated with the arrival of slaves from south of the border.

And over the past century and a half, members of the church have been using the church building and caring for the cemetery on the land.

"This is actually quite a complex issue because we don't accept the fact that they have title," said Steve Pickard, legal counsel for the congregation.

Years of disputes

The dispute between the two parties have been ongoing, from as early as 2003, when the congregation broke away from BMEC because community members felt BMEC no longer served them.

After receiving the notice of eviction in June this year, the congregation filed a statement of claim just over a month later to take possession of the church lands, including the adjacent cemetery.

In the statement of claim, the congregation alleges that BMEC had committed fraud to push the congregation out of gaining possession of the church land. The community also says since 2003, they have invested $1.5 million of improvements into the property.

None of the allegations made in the statement of claim have been proven in court.

Getting due process

On Wednesday, Sept. 19, 2018, Justice Nakatsuru ruled that no decision will be made on whether the congregation will be evicted until the matter of who owns the land is settled.

Pickard said this decision means there will be "a fair hearing" for the congregation in the process to determine who is the true owner of the church lands.

"It would be unfair to throw the congregation out of the church, especially if we're right and they're the true owners," said Pickard.