Law360 Canada ( May 21, 2021, 1:13 PM EDT) -- Appeal by the Ethiopian Orthodox Tewahedo Church of Canada St. Mary Cathedral (Church) and the individual appellants from a judgment of the Ontario Court of Appeal that set aside a decision that granted them a summary judgment and dismissed the action brought by Aga and the other respondents who were expelled from the congregation after a dispute arose about a movement within the Church that some considered to be heretical. The respondents brought an action against the appellants, the Church and members of its senior leadership seeking a declaration their expulsion was null and void. The congregation was an unincorporated association. Its 1977 Constitution and Bylaw included provisions on the cancellation of membership. The motion judge found the respondents had failed to allege an underlying legal right as the statement of claim did not allege breach of contract. She determined neither the Constitution nor the Bylaw constituted a contract. The Court of Appeal found the Constitution and Bylaw were evidence of an underlying contract between the parties. It determined the issues of what the rules of expulsion were and whether or not they were followed were genuine issues that required a trial....