Ethiopian Orthodox Tewahedo Church of Canada St. Mary Cathedral v. Aga

The Plaintiffs were five former members of the Defendant congregation who were expelled from their congregation. The Plaintiff’s brought an action against the Defendants, the Church and members of the senior leadership, seeking to nullify their expulsion. The Defendants brought a motion for summary judgment which was granted as the motion judge found since there was no underlying contract between the parties, there was no legal issue requiring a trial. The Plaintiff’s successfully appealed the summary judgment. The Court of Appeal found that the Constitution and Bylaws of the Church were evidence of underlying contract between the parties, hence, there was a genuine issue requiring trial. The Defendant Church appealed the decision to the Supreme Court of Canada. In a unanimous decision, the Supreme Court found that the Court of Appeal erred in finding that a contract was formed between the parties and found that merely joining a congregation and making financial contributions does not in itself create a legally binding relationship. The Supreme Court ruled since there was no contract between the parties, there is no jurisdiction, consequently, no genuine issue requiring trial.