Case information

None.

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.

Judgments and orders – Summary judgment – Applicant suing respondent union for breach of duty of fair representation for failing to file grievances on his behalf against his employer – Applicant purportedly settling action against employer and having signed a release – Union taking position that release was a bar to grievance procedure – Applicant and union both applying for summary judgment – Whether motions judge granted respondent’s motion without either hearing respondent’s motion or giving applicant fundamental right to be heard – Whether motions judge erred in ignoring prohibition in Rule 50.03 against use of pre-trial material as a basis for granting summary judgment to a party.

In February 2012, Mr. Ayangma settled proceedings that he had commenced against his employer, the Eastern School District (“ESD”). In accordance with the terms of settlement, Mr. Ayangma was paid the sum of approximately $370,000 in consideration for his releasing and discharging the ESD from all liability arising from his past and future actions and grievances. He provided the Teachers’ Federation, his union and bargaining agent, with a copy of the release. He then sought to have the Teachers’ Federation file two grievances against ESD on his behalf. The Teachers’ Federation conducted an investigation, and after obtaining legal advice, determined that the grievances pertained to matters that were discharged by the release. The Teachers’ Federation declined to file the grievances. Mr. Ayangma commenced an action against the Teacher’s Federation, alleging that it had breached its duty of fair representation by failing to file the two grievances on his behalf against his employer. Both parties then moved for summary judgment.