Allan L. Morrison

This decision concerns a dispute within the Kidus Gabriel Eritrean Orthodox Tewahdo Church in Ottawa regarding the legitimacy of the board of directors and control over church property.

The Applicants challenged the 2023 board election, alleging irregularities and interference by non-members aligned with a rival synod.

The court ordered a supervised special meeting to elect a new board, established a process for determining eligible voters, and mandated the reopening of the church for worship, with access for both parties pending the election.

The moving parties sought a stay of the Ontario Court of Appeal's order pending their application for leave to appeal to the Supreme Court of Canada.

The court applied the three-part test for a stay, emphasizing the stringent 'serious issue' threshold for leave to the Supreme Court.

The motion was denied because the factual situation was unclear, evidence of canon law was thin, and key parties (Diocese and Synod) were not involved, making it unlikely the Supreme Court would grant leave to appeal.

The defendants sought a third adjournment of two scheduled motions, including their cross-motion to dismiss the action or set aside default judgment, and the plaintiffs' motion to lift a stay on a writ of seizure and sale.

The defendants argued for the adjournment to file a new expert report after their initial expert's cross-examination raised concerns about the adequacy of the opinion.

The plaintiffs opposed, citing repeated delays and the defendants' attempt to "patch up" their case with new evidence.

The court denied the adjournment, emphasizing the need for finality, the waste of judicial resources, and the impropriety of introducing new evidence after cross-examination to address perceived weaknesses, aligning with the principles against case-splitting.

This appeal concerned a dispute within the Medhanie Alem Eritrean Orthodox Tewahdo Church regarding internal governance, specifically the holding of an overdue Annual General Meeting (AGM) and the application of canon law versus corporate bylaws.

The appellants, volunteer board members, challenged the application judge's order that mandated an AGM under the 2014 Bylaws with a court-appointed neutral chair, arguing these issues were non-justiciable matters of canon law or that the order conflicted with canon law.

The Court of Appeal affirmed that the local Church, as an incorporated entity, is subject to civil law obligations like holding AGMs.

However, it found that the application judge's order unnecessarily conflicted with canon law by preventing the Church from amending its bylaws to conform with the 2016 Canon Law Promulgation before the AGM.

The Court allowed the appeal in part, striking the conditions regarding the 2014 Bylaws and the court-appointed neutral chair for the AGM, and ordered a special or emergency meeting with a court-appointed neutral chair to allow the Church to vote on bylaw amendments before the AGM.

This decision addresses the costs of motions previously heard, where Rakhi Kalia's motion to dismiss the action or disqualify counsel was largely dismissed, and Adarsh Kalia's cross-motion for a timetable and case management was granted.

The late Mrs. Kalia's estate sought costs on a substantial indemnity scale, alleging Rakhi Kalia's delaying tactics.

The court found that while Rakhi Kalia's unsuccessful motion delayed the action, her conduct was not reprehensible enough to warrant substantial indemnity costs.

The court awarded costs on a partial indemnity basis to Mrs. Kalia's estate in the amount of $13,500.00, all inclusive.

The appellant, Global Work & Travel Co. Inc., appealed a motion judge's decision that dismissed its motion to dismiss or stay an action based on lack of jurisdiction simpliciter and forum non conveniens.

The action was brought by the respondents (plaintiffs) following a tragic motor scooter accident in Thailand that resulted in the death of one sister and serious injury to another, who had travelled there through the appellant's "Teach in Thailand" program.

The Court of Appeal upheld the motion judge's finding of a real and substantial connection to Ontario, particularly regarding claims of negligent misrepresentation and negligence committed in Ontario, and affirmed the application of the "good arguable case" test.

The appeal was dismissed.

The defendant, Rakhi Kalia, brought a motion to dismiss an action commenced by her mother, Adarsh Kalia, alleging the plaintiff's lawyer lacked authority and had a conflict of interest.

Adarsh Kalia, through her litigation guardian, cross-moved for a timetable and case management.

The court found the lawyer was properly authorized, initially by a power of attorney and subsequently by the Public Guardian and Trustee.

The court dismissed Rakhi's motion (except for granting leave to amend her Statement of Defence) and granted Adarsh Kalia's cross-motion, ordering a case conference to establish a timetable for the action.

Following a 20-year traditional marriage, the parties disputed the respondent's income for support purposes, as he operated a sole proprietorship and deducted personal expenses to lower his taxable income.

The court imputed income to the respondent, including an income tax gross-up on unreported income, fixing his income at $215,000.

The court ordered retroactive child and spousal support back to September 1, 2012, finding the respondent's failure to proactively determine his true income blameworthy.

Ongoing spousal support was ordered at the mid-range of the Spousal Support Advisory Guidelines and secured by a life insurance policy.