ONCA Gives Courts Right to Review Election or Appointment of Director

  • April 17, 2024
  • Jennifer Leddy, partner, Carters

This article originally appeared in Carters' Charity & NFP Law Update (January 2024).

The case of Metmeke v Yigzaw is an interesting case about the authority given to a court under the ONCA to review the election or appointment of a director. In this case, a contested election for a church’s board of directors (the “board”) spiraled out of control, leading to a motion to overturn the results of that election.

Philipos Yemane Yigzaw (“Mr. Yigzaw”) was a director of the Kidus Metmeke Yohanns Eritrean Orthodox Tewahdo Church (the “Church”), a not-for-profit organization incorporated under the Ontario Not-for-Profit Corporations Act, 2010 (“ONCA”) until the election held on October 23, 2022. He claimed that the results had to be overturned because of highly irregular circumstances surrounding the election.