Court rules archdiocese rightful owner of embattled Portugal Cove South church

CBC

23-05-2025

A Supreme Court judge has ruled the Roman Catholic Episcopal Corporation of St. John's is the rightful owner of a Portugal Cove South church, and granted an injunction that prohibits residents from interfering in its sale.
The corporation of the Roman Catholic Archdiocese, a group under supervised creditor protection, has worked to sell Holy Rosary Church as part of an attempt to raise more than $100 million to compensate victims of clergy abuse and pay other creditors.
Residents of the region and the Portugal Cove South Historical Corporation had argued the episcopal corporation had not established proper title over the property — and that they had an equitable interest in the church after it raised more roughly $134,000 for renovations in 2020.
In his ruling on Thursday, Justice Garrett Handrigan wrote that while the corporation's argument of the archdiocese was true through a lack of title documentation, he noted that there have been other scenarios historically in rural Newfoundland and Labrador where land that is donated for a purpose and used for that purpose can translate to the occupiers becoming 'owners' of that land over time.
In the end, Handrigan wrote he was satisfied in ruling that the corporation is the rightful owner of the land the church stands on.
Alongside the ruling of land ownership, Handrigan also gave the episcopal corporation a permanent injunction to prohibit the Portugal Cove South Historical Corporation, and anyone acting with knowledge of the injunction, from interfering with the sale of the church in any way.
Residents of Portugal Cove South made headlines in 2024, when local catholics changed the building's locks and issued warnings to anyone who was considering buying the property.
Court documents cited two people walking away from buying the church because of the community's distaste for them.
Handrigan wrote in his ruling that he felt the episcopal corporation was entitled to a permanent injunction because of the vigor of opposition.
The ruling cited a letter written by residents to Archbishop Peter Hundt in August 2024, which read "We strongly oppose your actions concerning our church and as a united community we will do all in our power to stop anyone from purchasing this property."
If those comments were to be taken literally, Handrigan wrote, he believed there was reason to fear people may disturb the peace or put others at risk.
The church was originally listed for $75,000, but according to real estate agency Century 21 Canada it was on the market for $48,000 as of May.