In what circumstances will the excommunication of four members of the Lakeside Colony be declared invalid?

Manitoba, Canada


The following excerpt is from Lakeside Colony of Hutterian Brethren v. Hofer, 1991 CanLII 8186 (MB CA):

In the present case, once again the issue before the court is whether the excommunication of certain individuals was valid, as meeting the standards of natural justice. In the present case, the four individuals whose excommunication is in issue are defendants instead of plaintiffs. The plaintiffs, on behalf of the Lakeside Colony specificially seek a declaration that the four defendants "are no longer members of the Lakeside Colony of Hutterian Brethren", and for their part the defendants contend that they remain members because the excommunication proceedings were unfair. If that was the only issue, there would be a valid question as to whether a court of law should become implicated. But the plaintiffs also seek on behalf of the colony that the defendants be required to vacate the property. The defendants claim that they are entitled to remain. While it is true that the defendants have not asked for a division or share of assets as in Hofer v. Hofer the right to remain in possession raises a property issue and makes this an appropriate case for the attention of the court.

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