Elham Beygi

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.