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Case information

Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.

39094

Ethiopian Orthodox Tewahedo Church of Canada St. Mary Cathedral, et al. v. Teshome Aga, et al.

(Ontario) (Civil) (By Leave)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
2021-12-20 Appeal closed
2021-12-20 Correspondence (sent by the Court) to, both parties, Re: certificate of taxation
2021-12-17 Certificate of taxation issued to, Philip H. Horgan
2021-12-17 Decision on the bill of costs, in the amount of $9,346.55, DeRg
2021-12-17 Submission of the bill of costs, DeRg
2021-07-20 Bill of costs, (Book Form), Completed on: 2021-09-29, (Printed version due on 2021-07-27) Ethiopian Orthodox Tewahedo Church of Canada St. Mary Cathedral
2021-05-21 Formal judgment sent to the registrar of the court of appeal and all parties
2021-05-21 Judgment on appeal and notice of deposit of judgment sent to all parties
2021-05-21 Judgment on the appeal rendered, CJ Abe Mo Ka Côt Br Row Mar Kas, The motion to admit fresh evidence is dismissed without costs. The appeal from the judgment of the Court of Appeal for Ontario, Number C66733, 2020 ONCA 10, dated January 8, 2020, heard on December 9, 2020, is allowed with costs throughout. The order of the Court of Appeal is set aside and the order of the motion judge granting summary judgment and dismissing the action is restored.
Allowed, with costs
2020-12-30 Transcript received, 122 pages
2020-12-09 Judgment reserved OR rendered with reasons to follow
2020-12-09 Hearing of the appeal, 2020-12-09, CJ Abe Mo Ka Côt Br Row Mar Kas
Judgment reserved
2020-12-08 Respondent's condensed book, (Book Form), required:
-electronic copy (rec'd 2020-12-08)
-proof of service (rec'd 2020-12-08), (Electronic version filed on 2020-12-08) 		Teshome Aga
2020-12-04 Appellant's condensed book, (Book Form), (Printed version filed on 2020-12-04) Ethiopian Orthodox Tewahedo Church of Canada St. Mary Cathedral
2020-12-04 Intervener's condensed book, (Book Form), (Printed version filed on 2020-12-04) Canadian Muslim Lawyers Association
2020-12-04 Intervener's condensed book, (Book Form), (Printed version filed on 2020-12-04) Christian Legal Fellowship
2020-11-24 Notice of appearance, (Letter Form), Barry W. Bussey will appear before the Court on behalf of the Intervener (CCCC). Canadian Centre for Christian Charities
2020-11-24 Intervener's book of authorities, (Book Form), Completed on: 2020-11-24 Evangelical Fellowship of Canada and Catholic Civil Rights League
2020-11-24 Intervener's factum, (Book Form), Completed on: 2020-11-24 Evangelical Fellowship of Canada and Catholic Civil Rights League
2020-11-24 Intervener's book of authorities, (Book Form), Completed on: 2020-11-24 British Columbia Humanist Association
2020-11-24 Intervener's factum, (Book Form), Completed on: 2020-11-24, (Printed version filed on 2020-11-25) British Columbia Humanist Association
2020-11-24 Intervener's factum, (Book Form), Completed on: 2020-11-24 National Council of Canadian Muslims
2020-11-24 Intervener's book of authorities, (Book Form), Completed on: 2020-11-24 Egale Canada Human Rights Trust
2020-11-24 Intervener's factum, (Book Form), Completed on: 2020-11-24 Egale Canada Human Rights Trust
2020-11-24 Intervener's book of authorities, (Book Form), Completed on: 2020-11-24 Association of Reformed Political Action (ARPA) Canada
2020-11-24 Intervener's factum, (Book Form), Completed on: 2020-11-24 Association of Reformed Political Action (ARPA) Canada
2020-11-24 Intervener's factum, (Book Form), Completed on: 2020-11-24 Christian Legal Fellowship
2020-11-23 Intervener's book of authorities, (Book Form), Completed on: 2020-11-23, (Printed version filed on 2020-11-24) Canadian Centre for Christian Charities
2020-11-23 Intervener's factum, (Book Form), Completed on: 2020-11-23, (Printed version filed on 2020-11-24) Canadian Centre for Christian Charities
2020-11-23 Intervener's factum, (Book Form), Completed on: 2020-11-23, (Printed version filed on 2020-11-24) Canadian Civil Liberties Association
2020-11-23 Intervener's book of authorities, (Book Form), Completed on: 2020-11-23, (Printed version filed on 2020-11-24) Watch Tower Bible and Tract Society of Canada
2020-11-23 Intervener's factum, (Book Form), Completed on: 2020-11-23, (Printed version filed on 2020-11-24) Watch Tower Bible and Tract Society of Canada
2020-11-23 Intervener's book of authorities, (Book Form), Completed on: 2020-11-23 Seventh-day Adventist Church in Canada
2020-11-23 Intervener's factum, (Book Form), Completed on: 2020-11-23 Seventh-day Adventist Church in Canada
2020-11-20 Intervener's book of authorities, (Book Form), Completed on: 2020-11-20 Canadian Muslim Lawyers Association
2020-11-20 Intervener's factum, (Book Form), Completed on: 2020-11-20 Canadian Muslim Lawyers Association
2020-11-20 Notice of appearance, (Letter Form), Philip H. Horgan and Raphael T. R. Fernandes will appear before the Court on behalf of the Appellant (EOTCCSMC, et al). Philip H. Horgan and Raphael T. R. Fernandes will present oral argument at the hearing.

required: clarification re: notice of appearance (rec'd 2020-11-24) 		Ethiopian Orthodox Tewahedo Church of Canada St. Mary Cathedral
2020-11-19 Notice of appearance, (Letter Form), Jayden MacEwan will appear before the Court on behalf of the Intervener (WTB & TSC). Jayden MacEwan will present oral argument at the hearing. Watch Tower Bible and Tract Society of Canada
2020-11-19 Notice of appearance, (Letter Form), Mannu Chowdhury will appear before the Court on behalf of the Intervener (NCCM). Mannu Chowdhury will present oral argument at the hearing. National Council of Canadian Muslims
2020-11-18 Notice of appearance, (Letter Form), Shahzad Siddiqui will appear before the Court on behalf of the Intervener (CMLA). Shahzad Siddiqui will present oral argument at the hearing. Canadian Muslim Lawyers Association
2020-11-18 Notice of appearance, (Letter Form), Anthony Colangelo will appear before the Court on behalf of the Respondents (Aga, et al.). Anthony Colangelo will present oral argument at the hearing. Teshome Aga
2020-11-18 Notice of appearance, (Letter Form), John Sikkema will appear before the Court on behalf of the Intervener (ARPA). John Sikkema will present oral argument at the hearing. Association of Reformed Political Action (ARPA) Canada
2020-11-18 Notice of appearance, (Letter Form), Albertos Polizogopoulos will appear before the Court on behalf of the Intervener (EFC & CCRL). Evangelical Fellowship of Canada and Catholic Civil Rights League
2020-11-17 Notice of appearance, (Letter Form), Kevin L. Boonstra will appear before the Court on behalf of the Intervener (SDACC). Kevin L. Boonstra will present oral argument at the hearing. Seventh-day Adventist Church in Canada
2020-11-17 Notice of appearance, (Letter Form), Cara Zwibel will appear before the Court on behalf of the Intervener (CCLA). Cara Zwibel will present oral argument at the hearing. Canadian Civil Liberties Association
2020-11-17 Notice of appearance, (Letter Form), Derek Ross will appear before the Court on behalf of the Intervener (CLF). Derek Ross will present oral argument at the hearing. Christian Legal Fellowship
2020-11-17 Notice of appearance, (Letter Form), Adam Goldenberg will appear before the Court on behalf of the Intervener (ECHRT). Adam Goldenberg will present oral argument at the hearing. Egale Canada Human Rights Trust
2020-11-16 Notice of appearance, (Letter Form), Wesley J. McMillan will appear before the Court on behalf of the Intervener (BCHA). Wesley J. McMillan will present oral argument at the hearing. British Columbia Humanist Association
2020-11-12 Order on motion for leave to intervene, by ABELLA J.
2020-11-12 Decision on the motion for leave to intervene, Abe,
UPON APPLICATIONS by the Canadian Muslim Lawyers Association; the Association for Reformed Political Action Canada; the Canadian Civil Liberties Association; the Evangelical Fellowship of Canada and the Catholic Civil Rights League (jointly); the Watch Tower Bible and the Tract Society of Canada; the British Columbia Humanist Association; the Seventh-day Adventist Church in Canada; the Christian Legal Fellowship; the National Council of Canadian Muslims; the Egale Canada Human Rights Trust; and the Canadian Centre for Christian Charities for leave to intervene in the above appeal;

AND THE MATERIAL FILED having been read;

IT IS HEREBY ORDERED THAT:

The motions for leave to intervene are granted and the said eleven (11) interveners or group of interveners shall be entitled to each serve and file a single factum not to exceed ten (10) pages in length, and book of authorities, if any, on or before November 24, 2020. The Evangelical Fellowship of Canada and the Catholic Civil Rights League (jointly) and the Canadian Centre for Christian Charities are entitled to present written submissions only.

The Canadian Muslim Lawyers Association, the Association for Reformed Political Action Canada, the Canadian Civil Liberties Association, the Watch Tower Bible and the Tract Society of Canada, the British Columbia Humanist Association, the Seventh-day Adventist Church in Canada, the Christian Legal Fellowship, the National Council of Canadian Muslims and the Egale Canada Human Rights Trust are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal.

The interveners or group of interveners are not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties.

Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners or group of interveners shall pay to the appellants and respondents any additional disbursements resulting from their interventions.

Granted
2020-11-12 Submission of motion for leave to intervene, Abe
2020-11-09 Certificate of counsel (attesting to record), (Letter Form), Form 24 - certificate attesting to appellant's record, (Printed version filed on 2020-12-01) Teshome Aga
2020-11-09 Respondent's factum, (Book Form), Completed on: 2020-11-09, (Printed version filed on 2020-12-01) Teshome Aga
2020-10-27 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2020-10-27, (Printed version due on 2020-11-03) Egale Canada Human Rights Trust
2020-10-23 Response to the motion for leave to intervene, (Letter Form), Completed on: 2020-10-23, (Printed version filed on 2020-10-29) Ethiopian Orthodox Tewahedo Church of Canada St. Mary Cathedral
2020-10-19 Order on motion to adduce new evidence, by BROWN J.
2020-10-19 Decision on motion to adduce new evidence, Br,
UPON APPLICATION by the appellants for an order to adduce new evidence;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion is deferred to the panel hearing the appeal.

Referred
2020-10-19 Submission of motion to adduce new evidence, Br
2020-10-16 Notice of name, (Letter Form), (Printed version due on 2020-10-23) Canadian Centre for Christian Charities
2020-10-16 Motion for leave to intervene, (Book Form),
MISSING: filing fee, Incomplete, (Printed version filed on 2020-10-22) 		Canadian Centre for Christian Charities
2020-10-16 Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version due on 2020-10-23) Egale Canada Human Rights Trust
2020-10-16 Notice of name, (Letter Form), (Printed version due on 2020-10-23) Egale Canada Human Rights Trust
2020-10-16 Motion for leave to intervene, (Book Form), MISSING: filing fee
*paper copy received, Incomplete, (Printed version due on 2020-10-23) 		Egale Canada Human Rights Trust
2020-10-16 Notice of name, (Letter Form), (Printed version due on 2020-10-23) National Council of Canadian Muslims
2020-10-16 Motion for leave to intervene, (Book Form),
MISSING: filing fee, Incomplete, (Printed version due on 2020-10-23) 		National Council of Canadian Muslims
2020-10-15 Notice of name, (Letter Form), (Printed version due on 2020-10-22) Christian Legal Fellowship
2020-10-15 Motion for leave to intervene, (Book Form),
MISSING: filing fee, Incomplete, (Printed version filed on 2020-10-22) 		Christian Legal Fellowship
2020-10-15 Notice of name, (Letter Form), (Printed version due on 2020-10-22) Seventh-day Adventist Church in Canada
2020-10-15 Motion for leave to intervene, (Book Form),
MISSING: filing fee, Incomplete, (Printed version filed on 2020-10-22) 		Seventh-day Adventist Church in Canada
2020-10-15 Notice of name, (Letter Form), (Printed version due on 2020-10-22) British Columbia Humanist Association
2020-10-15 Motion for leave to intervene, (Book Form),
MISSING: filing fee, Incomplete, (Printed version due on 2020-10-22) 		British Columbia Humanist Association
2020-10-15 Notice of name, (Letter Form), (Printed version due on 2020-10-22) Watch Tower Bible and Tract Society of Canada
2020-10-15 Motion for leave to intervene, (Book Form),
MISSING: filing fee, Incomplete, (Printed version filed on 2020-10-22) 		Watch Tower Bible and Tract Society of Canada
2020-10-15 Notice of name, (Letter Form),
MISSING: amended version (received 2020-10-15), (Printed version due on 2020-10-22) 		Evangelical Fellowship of Canada and Catholic Civil Rights League
2020-10-15 Motion for leave to intervene, (Book Form), MISSING:
1) amended notice of name (received 2020-10-15)
2) filing fee
*paper copy received, Incomplete, (Printed version due on 2020-10-22) 		Evangelical Fellowship of Canada and Catholic Civil Rights League
2020-10-15 Notice of name, (Letter Form), (Printed version due on 2020-10-22) Canadian Civil Liberties Association
2020-10-15 Motion for leave to intervene, (Book Form),
MISSING: filing fee, Incomplete, (Printed version due on 2020-10-22) 		Canadian Civil Liberties Association
2020-10-14 Notice of name, (Letter Form), (Printed version filed on 2020-10-21) Canadian Muslim Lawyers Association
2020-10-14 Notice of name, (Letter Form), (Printed version due on 2020-10-21) Association of Reformed Political Action (ARPA) Canada
2020-10-14 Motion for leave to intervene, (Book Form),
MISSING: filing fee, Incomplete, (Printed version filed on 2020-10-22) 		Association of Reformed Political Action (ARPA) Canada
2020-10-14 Motion for leave to intervene, (Book Form), MISSING:
1) notice of name (received 2020-10-14)
2) filing fee, Incomplete, (Printed version filed on 2020-10-21) 		Canadian Muslim Lawyers Association
2020-10-05 Reply to motion to adduce new evidence, (Letter Form),
DISTRIBUTED ON 2020-12-04, Completed on: 2020-10-05, (Printed version filed on 2020-10-22) 		Ethiopian Orthodox Tewahedo Church of Canada St. Mary Cathedral
2020-09-28 Response to the motion to adduce new evidence, (Book Form),
DISTRIBUTED ON 2020-12-04, Completed on: 2020-09-28, (Printed version filed on 2020-12-01) 		Teshome Aga
2020-09-18 Motion to adduce new evidence, (Book Form),
MISSING: filing fee
DISTRIBUTED ON 2020-12-04, Incomplete, (Printed version filed on 2020-09-17) 		Ethiopian Orthodox Tewahedo Church of Canada St. Mary Cathedral
2020-09-18 Certificate of counsel (attesting to record), (Letter Form) Ethiopian Orthodox Tewahedo Church of Canada St. Mary Cathedral
2020-09-18 Appellant's book of authorities, (Book Form), Completed on: 2020-09-18, (Printed version filed on 2020-09-17) Ethiopian Orthodox Tewahedo Church of Canada St. Mary Cathedral
2020-09-18 Appellant's record, (Book Form), (2 volumes), Completed on: 2020-09-18, (Printed version filed on 2020-09-17) Ethiopian Orthodox Tewahedo Church of Canada St. Mary Cathedral
2020-09-18 Appellant's factum, (Book Form), Completed on: 2020-09-18, (Printed version filed on 2020-09-17) Ethiopian Orthodox Tewahedo Church of Canada St. Mary Cathedral
2020-09-02 Notice of hearing sent to parties
2020-08-25 Appeal hearing scheduled, 2020-12-09, In order for the appeal to proceed on December 9, 2020, the filing schedule will be as follows:

a) The notice of appeal shall be served and filed on or before July 24, 2020.

b) The appellants’ record, factum and book of authorities, if any, shall be served and filed on or before September 18, 2020.

c) The respondent’s record, factum and book of authorities, if any, shall be served and filed on or before November 13, 2020.

d) Any person wishing to intervene in this appeal under Rule 55 of the Rules of the Supreme Court of Canada shall serve and file a motion for leave to intervene on or before October 16, 2020.

e) The appellants and respondents shall serve and file their response(s), if any, to the motions for leave to intervene on or before October 23, 2020.

f) Replies to any responses to the motions for leave to intervene shall be served and filed on or before October 27, 2020.
Judgment reserved
2020-07-24 Notice of appeal, Completed on: 2020-07-24 Ethiopian Orthodox Tewahedo Church of Canada St. Mary Cathedral
2020-07-14 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted), (by email to all parties on July 15, 2020)
2020-06-19 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2020-06-19 Judgment on leave sent to the parties
2020-06-18 Judgment of the Court on the application for leave to appeal, The motions for leave to intervene by Evangelical Fellowship of Canada; and Association for Reformed Political Action, Canadian Council of Christian Charities and Christian Legal Fellowship (jointly) are dismissed, without prejudice to the right to file a motion for leave to intervene in the appeal. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C66733, 2020 ONCA 10, dated January 8, 2020, is granted with costs in the cause.
Granted, with costs in the cause
2020-06-18 Decision on motion for leave to intervene, See judgment on application.
Dismissed
2020-05-04 All materials on application for leave submitted to the Judges, for consideration by the Court
2020-05-04 Submission of motion for leave to intervene, for consideration by the Court
2020-04-27 Certificate (on limitations to public access), (Letter Form) Teshome Aga
2020-04-22 Response to the motion for leave to intervene, (Letter Form), Applicant supports both Motions, Completed on: 2020-04-22 Ethiopian Orthodox Tewahedo Church of Canada St. Mary Cathedral
2020-04-21 Applicant's reply to respondent's argument, (Book Form), Completed on: 2020-04-21 Ethiopian Orthodox Tewahedo Church of Canada St. Mary Cathedral
2020-04-09 Notice of name, (Letter Form) Association of Reformed Political Action (ARPA) Canada
2020-04-09 Motion for leave to intervene, (Book Form), required: filing fee

received: revised Motion with amended cover page (no substantive changes), along with proof of service 2020/04/22, Completed on: 2020-04-09 		Association of Reformed Political Action (ARPA) Canada
2020-04-08 Notice of name, (Letter Form), required: proof of service Evangelical Fellowship of Canada and Catholic Civil Rights League
2020-04-08 Motion for leave to intervene, (Book Form), required:
-proof of service (rec'd 2020/04/23)
-filing fee, Completed on: 2020-04-23 		Evangelical Fellowship of Canada and Catholic Civil Rights League
2020-04-08 Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED 2020/04/08
2020-04-08 Correspondence received from, (Letter Form), (Printed version filed on 2020-11-10) Ethiopian Orthodox Tewahedo Church of Canada St. Mary Cathedral
2020-04-06 Respondent's response on the application for leave to appeal, (Book Form), required: 23A (rec'd 2020/04/27), Completed on: 2020-04-27 Teshome Aga
2020-03-09 Notice of name, (Letter Form) Ethiopian Orthodox Tewahedo Church of Canada St. Mary Cathedral
2020-03-09 Certificate (on limitations to public access), (Letter Form) Ethiopian Orthodox Tewahedo Church of Canada St. Mary Cathedral
2020-03-09 Application for leave to appeal, (Book Form), required:
-confirmation of style of cause (rec'd 2020/04/08)
-signed TC & CA judgments
-CA Order, Completed on: 2020-05-05 		Ethiopian Orthodox Tewahedo Church of Canada St. Mary Cathedral

Parties

Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.

Main parties

Main parties - Appellants
Name Role Status
Ethiopian Orthodox Tewahedo Church of Canada St. Mary Cathedral Appellant Active
Messale Engeda Appellant Active
Abune Dimetros Appellant Active
Hiwot Bekele Appellant Active

v.

Main parties - Respondents
Name Role Status
Teshome Aga Respondent Active
Yoseph Beyene Respondent Active
Dereje Goshu Respondent Active
Tseduke Gezaw Respondent Active
Belay Hebest Respondent Active

Other parties

Other parties
Name Role Status
Canadian Muslim Lawyers Association Intervener Active
Association of Reformed Political Action (ARPA) Canada Intervener Active
Canadian Civil Liberties Association Intervener Active
Evangelical Fellowship of Canada and Catholic Civil Rights League Intervener Active
Watch Tower Bible and Tract Society of Canada Intervener Active
British Columbia Humanist Association Intervener Active
Seventh-day Adventist Church in Canada Intervener Active
Christian Legal Fellowship Intervener Active
National Council of Canadian Muslims Intervener Active
Egale Canada Human Rights Trust Intervener Active
Canadian Centre for Christian Charities Intervener Active

Counsel

Party: Ethiopian Orthodox Tewahedo Church of Canada St. Mary Cathedral

Counsel
Philip H. Horgan
Mary E. Zettel
Raphael T. R. Fernandes
Philip H. Horgan
120 Carlton Street
Suite 301
Toronto, Ontario
M5A 4K2
Telephone: (416) 777-9994
Email: phorgan@carltonlaw.ca
Agent
Marie-France Major
Supreme Advocacy LLP
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca

Party: Messale Engeda

Counsel
Philip H. Horgan
Mary E. Zettel
Raphael T. R. Fernandes
Philip H. Horgan
120 Carlton Street
Suite 301
Toronto, Ontario
M5A 4K2
Telephone: (416) 777-9994
Email: phorgan@carltonlaw.ca
Agent
Marie-France Major
Supreme Advocacy LLP
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca

Party: Abune Dimetros

Counsel
Philip H. Horgan
Mary E. Zettel
Raphael T. R. Fernandes
Philip H. Horgan
120 Carlton Street
Suite 301
Toronto, Ontario
M5A 4K2
Telephone: (416) 777-9994
Email: phorgan@carltonlaw.ca
Agent
Marie-France Major
Supreme Advocacy LLP
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca

Party: Hiwot Bekele

Counsel
Philip H. Horgan
Mary E. Zettel
Raphael T. R. Fernandes
Philip H. Horgan
120 Carlton Street
Suite 301
Toronto, Ontario
M5A 4K2
Telephone: (416) 777-9994
Email: phorgan@carltonlaw.ca
Agent
Marie-France Major
Supreme Advocacy LLP
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca

Party: Teshome Aga

Counsel
Anthony Colangelo
Lento Professional Corporation
3200 Dufferin Street
Suite 504
Toronto, Ontario
M6A 3B2
Telephone: (416) 398-4044
FAX: (416) 398-7396
Email: acolangelo@lentolaw.com

Party: Yoseph Beyene

Counsel
Anthony Colangelo
Lento Professional Corporation
3200 Dufferin Street
Suite 504
Toronto, Ontario
M6A 3B2
Telephone: (416) 398-4044
FAX: (416) 398-7396
Email: acolangelo@lentolaw.com

Party: Dereje Goshu

Counsel
Anthony Colangelo
Lento Professional Corporation
3200 Dufferin Street
Suite 504
Toronto, Ontario
M6A 3B2
Telephone: (416) 398-4044
FAX: (416) 398-7396
Email: acolangelo@lentolaw.com

Party: Tseduke Gezaw

Counsel
Anthony Colangelo
Lento Professional Corporation
3200 Dufferin Street
Suite 504
Toronto, Ontario
M6A 3B2
Telephone: (416) 398-4044
FAX: (416) 398-7396
Email: acolangelo@lentolaw.com

Party: Belay Hebest

Counsel
Anthony Colangelo
Lento Professional Corporation
3200 Dufferin Street
Suite 504
Toronto, Ontario
M6A 3B2
Telephone: (416) 398-4044
FAX: (416) 398-7396
Email: acolangelo@lentolaw.com

Party: Evangelical Fellowship of Canada and Catholic Civil Rights League

Counsel
Albertos Polizogopoulos
Vincent Dagenais Gibson LLP
260 Dalhousie Street
Suite 400
Ottawa, Ontario
K1N 7E4
Telephone: (613) 552-6432
FAX: (613) 241-2599
Email: albertos@vdg.ca

Party: Association of Reformed Political Action (ARPA) Canada

Counsel
John Sikkema
Marie-France Major
Association for Reformed Political Action (ARPA) Canada
130 Albert Street
Suite 1705
Ottawa, Ontario
K1P 4G4
Telephone: (289) 228-8775
FAX: (613) 249-3238
Email: john@arpacanada.ca
Agent
Eugene Meehan, Q.C.
Supreme Advocacy LLP
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 101
FAX: (613) 695-8580
Email: emeehan@supremeadvocacy.ca

Party: Canadian Centre for Christian Charities

Counsel
Barry W. Bussey
Deina Warren
Canadian Centre for Christian Charities
1 - 43 Howard Avenue
Elmira, Ontario
N3B 2C9
Telephone: (519) 669-5137
FAX: (519) 669-3291
Email: barry.bussey@cccc.org
Agent
Eugene Meehan, Q.C.
Supreme Advocacy LLP
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 101
FAX: (613) 695-8580
Email: emeehan@supremeadvocacy.ca

Party: Christian Legal Fellowship

Counsel
Derek B.M. Ross
Sarah E. Mix-Ross
Benjamin Ferland
Christian Legal Fellowship
285 King Street
Suite 202
London, Ontario
N6B 3M6
Telephone: (519) 601-4099
FAX: (519) 601-4098
Email: execdir@christianlegalfellowship.org
Agent
Eugene Meehan, Q.C.
Supreme Advocacy LLP
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 101
FAX: (613) 695-8580
Email: emeehan@supremeadvocacy.ca

Party: Canadian Muslim Lawyers Association

Counsel
Shahzad F. Siddiqui
Abrahams LLP
1457 McCowan Road, Suite 204
Toronto, Ontario
M1S 5K7
Telephone: (416) 291-6786
FAX: (416) 291-8784
Email: shahzad@abrahamsllp.com
Agent
Yavar Hameed
Hameed & Farrokhzad
43 Florence St.
Ottawa, Ontario
K2P 0W6
Telephone: (613) 232-2688 Ext: 228
FAX: (613) 232-2680
Email: yhameed@hf-law.ca

Party: Canadian Civil Liberties Association

Counsel
Cara Faith Zwibel
Canadian Civil Liberties Association
90 Eglinton Ave. East
Suite 900
Toronto, Ontario
M4P 2Y3
Telephone: (416) 646-1409
Email: czwibel@ccla.org
Agent
Nadia Effendi
Borden Ladner Gervais LLP
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com

Party: Watch Tower Bible and Tract Society of Canada

Counsel
David M. Gnam
Jayden MacEwan
W. Glen How & Associates LLP
13893 Highway 7, P.O. Box 40
Georgetown, Ontario
L7G 4T1
Telephone: (905) 873-4545
FAX: (905) 873-4522
Email: dgnam@wghow.ca
Agent
Eugene Meehan, Q.C.
Supreme Advocacy LLP
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 101
FAX: (613) 695-8580
Email: emeehan@supremeadvocacy.ca

Party: British Columbia Humanist Association

Counsel
Wesley J. McMillan
Allen/McMillan Litigation Counsel
1550 - 1185 West Georgia Street
Vancouver, British Columbia
V6E 4E6
Telephone: (604) 282-3980
FAX: (604) 628-3832
Email: wes@amlc.ca
Agent
Jeffrey W. Beedell
Gowling WLG (Canada) LLP
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com

Party: Seventh-day Adventist Church in Canada

Counsel
Kevin L. Boonstra
Jonathan B. Maryniuk
Kuhn LLP
100-32160 South Fraser Way
Abbotsford, British Columbia
V2T 1W5
Telephone: (604) 864-8877
FAX: (604) 864-8867
Email: kboonstra@kuhnco.net
Agent
Marie-France Major
Supreme Advocacy LLP
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca

Party: National Council of Canadian Muslims

Counsel
Mannu Chowdhury
Borden Ladner Gervais LLP
Bay Adelaide Centre, East Tower
22 Adelaide Street West
Toronto, Ontario
M5H 4E3
Telephone: (416) 367-6000
FAX: (416) 367-6749
Email: mchowdhury@blg.com
Agent
Nadia Effendi
Borden Ladner Gervais LLP
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com

Party: Egale Canada Human Rights Trust

Counsel
Adam Goldenberg
Connor Bildfell
McCarthy Tétrault LLP
Suite 5300, Toronto Dominion Bank Tower
Toronto, Ontario
M5K 1E6
Telephone: (416) 601-7821
FAX: (416) 868-0673
Email: agoldenberg@mccarthy.ca
Agent
Darius Bossé
Juristes Power
130, rue Albert
bureau 1103
Ottawa, Ontario
K1P 5G4
Telephone: (613) 702-5566
FAX: (613) 702-5566
Email: DBosse@juristespower.ca

Summary

Keywords

Charter of Rights and Freedoms - Freedom of religion - Freedom of Association - Freedom of speech - Multiculturalism and legal pluralism - Courts - Jurisdiction - Judicial review - Private parties - Appeals - Standard of review - Whether superior court can review decision by religious organization regarding membership - Whether issues are ecclesiastical and non-justiciable - Whether religious organizations constitution and by-laws form a contract - Do a voluntary association’s by-laws always form a contract giving the court jurisdiction - Can charitable donations be contractual consideration - Are the respondents pursuing non-justiciable claims and remedies - Would the relief claimed by the respondents violate the Charter of Rights and Freedoms - Did the Court of Appeal overturn or make factual findings without applying the palpable and overriding error standard of review?

Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Ethiopian Orthodox Tewahedo Church of Canada St. Mary Cathedral is a non-share capital corporation incorporated under the Corporations Act, R.S.O. 1990, c. C.38. Teshome Aga, Yoseph Beyene, Dereje Goshu, Tseduke Gezaw and Belay Hebest are members of the congregation and were members of a committee that investigated a movement of members within the congregation. The committee reported to Archbishop Dimetros that the movement was heretical. The committee recommended action including purging of heretics. Archbishop Dimetros imposed other discipline. Teshome Aga, Yoseph Beyene, Dereje Goshu, Tseduke Gezaw and Belay Hebest objected. They were warned that steps would be taken to expel them from the congregation if they did not cease expressing dissatisfaction. They were suspended from membership and expelled. They commenced an action. The appellants applied for summary judgment dismissing the action. The Ontario Superior Court of Justice granted the application and dismissed the action. The Court of Appeal for Ontario granted an appeal, set aside the summary judgment dismissing the action, and returned the matter to the Ontario Superior Court of Justice for trial.

Lower court rulings

February 26, 2019
Ontario Superior Court of Justice

CV-18-589955

Summary judgment granted, action dismissed
January 8, 2020
Court of Appeal for Ontario

2020 ONCA 10 ;, C66733 ;

Appeal granted, matter returned for trial

Memorandums of argument on application for leave to appeal

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Factums on appeal

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If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.

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Date modified: 2025-02-27