Case information
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38031
Noël Ayangma v. French Language School Board and English Language School Board
(Prince Edward Island) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2019-02-11 | Close file on Leave | |
| 2019-02-11 | Certificate of taxation issued to, Mary-Lynn Kane, Q.C. | |
| 2019-02-11 | Decision on the bill of costs, in the amount of $1,192.67, Reg | |
| 2019-02-11 | Submission of the bill of costs, Reg | |
| 2018-10-18 | Bill of costs, Completed on: 2018-10-18 | French Language School Board and English Language School Board |
| 2018-10-05 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2018-10-05 | Judgment on leave sent to the parties | |
| 2018-10-04 |
Judgment of the Court on the application for leave to appeal, The motion to have the applications for leave to appeal in files 38030, 38031 and 38032 decided together is granted. The application for leave to appeal from the judgment of the Prince Edward Island Court of Appeal, Number S1-CA-1333, 2017 PECA 18, dated September 29, 2017, is dismissed with costs. Dismissed, with costs |
|
| 2018-10-04 |
Decision on the miscellaneous motion, See decision on application. Granted |
|
| 2018-09-04 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2018-09-04 | Submission of miscellaneous motion, for consideration by the Court | |
| 2018-05-25 | Correspondence (sent by the Court) to, Joint with 38030 and 38032; The applicant; motion will be submitted with the application for leave to appeal. | |
| 2018-05-17 | Applicant's reply to respondent's argument, (Book Form), Joint with 38032; paper copies missing-rec'd 2018/05/28, Completed on: 2018-05-28 | Noël Ayangma |
| 2018-05-02 | Response to miscellaneous motion, (Letter Form), Joint with 38032, Completed on: 2018-05-02 | French Language School Board and English Language School Board |
| 2018-05-02 |
Notice of miscellaneous motion, (Book Form), Joint with 38030 and 38032; Motion to have all 3 files decided together. , Completed on: 2018-05-02 |
Noël Ayangma |
| 2018-04-26 | Certificate (on limitations to public access), (Letter Form) | French Language School Board and English Language School Board |
| 2018-04-26 | Notice of name, (Letter Form) | French Language School Board and English Language School Board |
| 2018-04-26 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2018-04-26 | French Language School Board and English Language School Board |
| 2018-03-28 | Letter advising parties of an incomplete application for leave to appeal, (FILE OPENED 2018-03-28) | |
| 2018-02-27 | Letter requesting materials at end of review period; Court file no. not assigned, REVISED | |
| 2018-02-27 | Letter requesting materials at end of review period; Court file no. not assigned | |
| 2017-12-11 | Letter acknowledging receipt of an application for leave to appeal | |
| 2017-11-23 | Correspondence received from, (Letter Form), Noel Ayangma. Letter regarding the decision on the applications for leave to appeal. | Noël Ayangma |
| 2017-11-23 | Certificate (on limitations to public access), (Included in the application for leave to appeal) | Noël Ayangma |
| 2017-11-23 | Application for leave to appeal, (Book Form), Amended notice of application for leave to appeal required.-rec'd 2018/05/02, Completed on: 2018-05-02 | Noël Ayangma |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Ayangma, Noël | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| French Language School Board and English Language School Board | Respondent | Active |
Counsel
Party: Ayangma, Noël
This party is not represented by counsel.
Party: French Language School Board and English Language School Board
Counsel
Meghan Hughes
Suite 600
97 Queen Street
Charlottetown, Prince Edward Island
C1A 4A9
Telephone: (902) 629-3904
FAX: (902) 566-2639
Email: mkane@coxandpalmer.com
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Summary
Keywords
Appeals – Costs – Partiality – Bias – Whether a motions judge hearing two motions to strike on the same day pursuant to the same rule can be partial during the hearing of one motion and impartial during the hearing of the other motion – Whether the Court of Appeal misapplied/misinterpreted and restricted the test for finding bias and apprehension of bias
Summary
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.
The Supreme Court of Prince Edward Island dismissed Mr. Ayangma’s action and awarded costs on a substantial indemnity basis to both school boards (total of $24,972.66), finding that Mr. Ayangma’s claim disclosed no reasonable cause of action, was frivolous, vexatious and an abuse of process.
The Court of Appeal set aside this decision. It found that the reasons for judgment in first instance were deficient. It ordered that the respondents’ motion to strike Mr. Ayangma’s claim and dismiss his action be remitted back to the Supreme Court of Prince Edward Island to be reheard.
Lower court rulings
Supreme Court of Prince Edward Island, Trial Division
S1-GS-26718, 2016 PESC 12
Applicant’s claims against respondents struck in their entirety and respondents awarded costs on a substantial indemnity basis
Supreme Court of Prince Edward Island, Trial Division
2016 PESC 34, S1-GS-26717, S1-GS-26718
Applicant ordered to pay costs of $24,972.66 to the respondents
Supreme Court of Prince Edward Island, Trial Division
S1-GS-26717
See file
Prince Edward Island Court of Appeal
S1-CA-1333, 2017 PECA 18
Appeal allowed, order to strike applicant’s claim and award of costs quashed, matter remitted back to Supreme Court of Prince Edward Island
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available