Docket

39094

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

(Ontario) (Civil) (By Leave)

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

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 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