Ayangma v. Charlottetown (City) et al., (2016) 381 Nfld. & P.E.I.R. 228 (PEICA)

• Judge: Jenkins, C.J.P.E.I., Murphy and Mitchell, JJ.A.
• Case Date: July 06, 2016
• Jurisdiction: Prince Edward Island
• Citations: (2016), 381 Nfld. & P.E.I.R. 228 (PEICA)

Ayangma v. Charlottetown (2016), 381 Nfld. & P.E.I.R. 228 (PEICA);

    1181 A.P.R. 228

MLB headnote and full text

Temp. Cite: [2016] Nfld. & P.E.I.R. TBEd. AU.001

Sebastien Ayangma (applicant) v. The City of Charlottetown, Constables Michael Rae, Michael Kennedy, Reginald Wood and Brian Donnelly (respondents)

(S1-CA-1334; 2016 PECA 14)

Indexed As: Ayangma v. Charlottetown (City) et al.

Prince Edward Island Court of Appeal

Jenkins, C.J.P.E.I., Murphy and Mitchell, JJ.A.

July 14, 2016.

Summary:

The plaintiff commenced an action against the City of Charlottetown et al. (defendants), claiming general and exemplary damages for breach of his Charter rights, misfeasance in public office, and abuse of authority involving racial profiling/harassment and intimidation. Central to the claim was the fact the plaintiff was arrested and charged with possession for the purpose of trafficking in illegal drugs, but the charge was subsequently withdrawn by the Crown. The plaintiff's father had been assisting him in the lawsuit. The defendants sought an order prohibiting the father from acting as a non-lawyer agent on behalf of the plaintiff, arguing that he was practicing law without a licence.

The Prince Edward Island Supreme Court, in a decision reported (2016), 378 Nfld. & P.E.I.R. 159; 1174 A.P.R. 159, issued an order prohibiting the plaintiff's father's further involvement with the proceedings. The plaintiff applied pursuant to rule 3.02 of the Rules of Civil Procedure for an extension of the time to appeal the order.

The Prince Edward Island Court of Appeal granted the extension.

Practice - Topic 10

General principles and definitions - Extension of time under rules - [See both Practice - Topic 9002 ].

Practice - Topic 9002

Appeals - Notice of appeal - Extension of time for filing and serving notice of appeal - The plaintiff sued the defendants, claiming general and exemplary damages for breach of his Charter rights, etc. - The plaintiff's father had been assisting him with the lawsuit - The defendants obtained an order prohibiting the father from acting as a non-lawyer agent - The plaintiff applied for an extension of the time to appeal the order (Civil Procedure Rules, rule 3.02) - He claimed that the order went to the wrong address, was received late because he was incarcerated and the institution was on lock down, and that he had always intended to appeal - The Prince Edward Island Court of Appeal granted the extension - The plaintiff had not demonstrated a bona fide intention to appeal within the prescribed time; did not adequately explain why he could not comply with the time limit; and did not provide an exceptional or special circumstance justifying an extension of time - However, the appeal was only five days late, there was no clear prejudice to the defendant and the appeal had sufficient merit such that it was in the interests of justice to grant the extension - See paragraphs 6 to 19.

Practice - Topic 9002

Appeals - Notice of appeal - Extension of time for filing and serving notice of appeal - The Prince Edward Island Court of Appeal set out the factors it would consider in deciding whether to grant an extension of time to file an appeal under rule 3.02 of the Rules of Civil Procedure - See paragraphs 9 to 12.

Counsel:

Sebastian Ayangma, on his own behalf;

David W. Hooley, Q.C., for the respondent.

This application was heard in Charlottetown, P.E.I., on July 6, 2016, before Jenkins, C.J.P.E.I., Murphy and Mitchell, JJ.A., of the Prince Edward Island Court of Appeal. The following decision was delivered for the court by Murphy, J.A., on July 14, 2016.