Case information
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36548
Noel Ayangma v. Prince Edward Island Human Rights Commission, et al.
(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) |
|---|---|---|
| 2015-12-15 | Close file on Leave | |
| 2015-12-04 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2015-12-04 | Judgment on leave sent to the parties | |
| 2015-12-03 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Prince Edward Island Court of Appeal, Number S1-CA-1298, 2015 PECA 4, dated March 26, 2015, is dismissed with costs to the respondent, the Commission Scolaire de la Langue Française. Dismissed, with costs |
|
| 2015-12-03 |
Decision on motion to extend time to file and /or serve the leave application, See Judgment on leave. Granted |
|
| 2015-10-26 | All materials on application for leave submitted to the Judges, Abe Ka Br | |
| 2015-10-26 | Submission of motion to extend time to file and/ or serve the leave application, Abe Ka Br | |
| 2015-09-22 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2015-09-22 | Noel Ayangma |
| 2015-09-11 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2015-09-11) | Commission Scolaire de la Langue Française |
| 2015-09-11 | Respondent's response on the application for leave to appeal, (Book Form), Proof of service for Mr. Ayangma missing. Received 2015-09-15., Completed on: 2015-09-15, (Electronic version filed on 2015-09-11) | Commission Scolaire de la Langue Française |
| 2015-08-12 | Letter advising parties of a complete application for leave to appeal, File opened 2015-08-12. | |
| 2015-07-28 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2015-07-28 | Noel Ayangma |
| 2015-07-13 | Letter requesting materials at end of review period; Court file no. not assigned, motion for extension of time and fee missing. | |
| 2015-06-01 | Letter acknowledging receipt of an application for leave to appeal | |
| 2015-05-29 | Certificate (on limitations to public access), (Included in the application for leave to appeal) | Noel Ayangma |
| 2015-05-29 | Application for leave to appeal, (Book Form), Motion for extension of time required. Received 2015-07-28., Completed on: 2015-05-29 | Noel 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, Noel | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Prince Edward Island Human Rights Commission | Respondent | Active |
| Commission Scolaire de la Langue Française | Respondent | Active |
Counsel
Party: Ayangma, Noel
This party is not represented by counsel.
Party: Prince Edward Island Human Rights Commission
Counsel
53 Water Street
PO Box 2000
Charlottetown, Prince Edward Island
C1A 7N8
Telephone: (902) 368-4180
FAX: (902) 368-4236
Email: wbaker@peihumanrights.ca
Agent
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com
Party: Commission Scolaire de la Langue Française
Counsel
Karen A. Campbell, Q.C.
Landing Place, 20 Great Goerge Street
P.O. Box 486, Station Central
Charlottetown, Prince Edward Island
C1A 7L1
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
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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.
Civil procedure – Appeals – Whether Court of Appeal’s refusal to hear applicant’s applications and motions for review of single judge’s decision denying a stay of proceeding, a stay of execution of the writ of execution of costs awarded against him and for reconsideration of its decision to dismiss his appeal, constituted denial of right to be heard, to an excess of jurisdiction or an abuse of discretion – Whether Court of Appeal erred in law in failing to vacate order for security for costs – Whether this was abuse of process or excess of jurisdiction.
In 2013, the applicant filed a complaint with the Prince Edward Island Human Rights Commission, alleging that he had been the subject of discrimination with respect to a job competition. When that complaint was dismissed, the applicant sought judicial review. That application was dismissed and the applicant was ordered to pay costs of $14,500. The applicant filed a notice of appeal and also moved to have the costs award stayed. The motion was dismissed. The respondent sought an order to stay the appeal pending payment of the costs award and for security for costs on appeal. Eventually, on April 10, 2015, the applicant’s appeal was dismissed for failure to post security for costs,
Lower court rulings
Supreme Court of Prince Edward Island, Trial Division
S1-GS-25721, 2014 PESC 18
Applicant’s application for judicial review of decision of Human Rights Commission dismissed.
Prince Edward Island Court of Appeal
S1-CA-1298, 2015 PECA 4
Applicant’s motion for stay of proceedings dismissed.
Prince Edward Island Court of Appeal
S1-CA-1298, 2014 PECA 17
Respondents’ motion for security for costs granted. Applicant required to post security in the amount of $7,500.
Prince Edward Island Court of Appeal
S1-CA-1298, 2015 PECA 4
Respondents’ motion to dismiss appeal for failure to post security for costs granted.
Memorandums of argument on application for leave to appeal
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 filing 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.
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Related links
Factums on appeal
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
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