Ayangma v. HRC, (2004) 242 Nfld. & P.E.I.R. 263 (PEICA)

• Jurisdiction: Prince Edward Island
• Judge: Mitchell, C.J.P.E.I., McQuaid and Webber, JJ.A.
• Neutral Citation: 2004 PESCAD 23
• Court: Supreme Court, Appeal Division (Prince Edward Island)
• Date: 12 November 2004
• Citation: (2004), 242 Nfld. & P.E.I.R. 263 (PEICA),2004 PESCAD 23,2007 PESCAD 15,1999 CanLII 4083 (PE SCTD),1997 CanLII 4551 (PE SCAD),2003 CanLII 52560 (PE IPC),242 Nfld & PEIR 263,247 DLR (4th) 62,23 Admin LR (4th) 226,(2004), 242 Nfld & PEIR 263 (PEICA),242 Nfld. & P.E.I.R. 263,247 D.L.R. (4th) 62

Ayangma v. HRC (2004), 242 Nfld. & P.E.I.R. 263 (PEICA);

  719 A.P.R. 263

MLB headnote and full text

Temp. Cite: [2004] Nfld. & P.E.I.R. TBEd. NO.022

Noël Ayangma (appellant) v. The P.E.I. Human Rights Commission (respondent) and The Eastern School Board (respondent)

(S1-AD-1018; 2004 PESCAD 23)

Indexed As: Ayangma v. Human Rights Commission (P.E.I.) et al.

Prince Edward Island Supreme Court

Appeal Division

Mitchell, C.J.P.E.I., McQuaid and Webber, JJ.A.

November 12, 2004.

Summary:

Ayangma unsuccessfully applied for a teaching position with the Eastern School. In 1998, he filed a complaint of discrimination with the Human Rights Commission (P.E.I.), alleging discrimination on the basis of race, colour, ethnic/national origin and age. After an investigation, the Executive Director Delegate of the Commission dismissed Ayangma's complaint. Ayangma requested a review of this decision, The Chairperson of the Commission affirmed the dismissal of the complaint. Ayangma sought judicial review.

The Prince Edward Island Supreme Court, Trial Division, in a decision reported at [2003] Nfld. & P.E.I.R. Uned. 76, dismissed the application. Ayangma appealed.

The Prince Edward Island Court of Appeal allowed the appeal and ordered the Chairperson of the Commission to appoint a Human Rights Panel to deal with the complaint.

Administrative Law - Topic 2088

Natural justice - Constitution of board or tribunal (considerations, incl. bias) - Bias - Apprehension of - Ayangma filed a complaint of discrimination against the Eastern School Board - After an investigation, the Executive Director Delegate of the Commission dismissed Ayangma's complaint - The Chairperson of the Commission affirmed the dismissal of the complaint - Ayangma's judicial review application was dismissed - On appeal, he argued, inter alia, that the Chairperson was biased because he had previously rendered a decision against Ayangma - The Prince Edward Island Court of Appeal rejected the argument, stating that Ayangma "provided no legal authority for such a proposition and I know of none." - See paragraph 10.

Civil Rights - Topic 7044.1

Federal, provincial or territorial legislation - Commissions or boards - General - Role of commissioner, chairperson, etc. - Ayangma filed a complaint of discrimination - After an investigation, the Executive Director (delegate) of the Human Rights Commission (P.E.I.) dismissed Ayangma's discrimination complaint - The Chairperson of the Commission affirmed the dismissal of the complaint - The Prince Edward Island Court of Appeal stated that the Executive Director's role was not to weigh the evidence - The same was true of the Chairperson's role in reviewing the conclusions reached by the Executive Director - However, this did not mean that the evidence would not undergo some form of assessment - If the evidence indicated that a weighing of conflicting evidence based on credibility or reliability was required, the matter had to move beyond the decision of the Executive Director - See paragraphs 16 to 18.

Civil Rights - Topic 7044.2

Federal, provincial or territorial legislation - Commissions or boards - General - Role of director - [See Civil Rights - Topic 7044.1 ].

Civil Rights - Topic 7115

Federal, provincial or territorial legislation - Practice - Judicial review (incl. standard of review) - Ayangma filed a complaint of discrimination against the Eastern School Board - After an investigation, the Executive Director Delegate of the Commission dismissed Ayangma's complaint - The Chairperson of the Commission affirmed the dismissal of the complaint - Ayangma's judicial review application was dismissed - The Prince Edward Island Court of Appeal allowed Ayangma's appeal - The judicial review judge properly determined that the reasonableness simpliciter standard was applicable to the Chairperson's decision - However, the judicial review judge failed to apply that standard correctly - Had he done so, the conclusions reached by the Chairperson of the Commission in his decision would have been found to be problematic - Ayangma had established a prima facie case of discrimination - The dismissal of his complaint as one without merit did not withstand a somewhat probing scrutiny - See paragraphs 11 to 46.

Practice - Topic 8327.5

Costs - Appeals - Costs of appeal - Noncompliance with rules - The appellant in a Human Rights case, a lay litigant, was successful on his appeal - His Notice of Appeal set out grounds of appeal containing approximately 20 points over three pages - A number of the grounds raised by the appellant had been dealt with in other proceedings - Some grounds had no facts to support them - There were broad, all-encompassing allegations of bias with no foundation - The appellant's appeal book was three volumes totalling 725 pages containing "apparently everything ever filed by anyone at all stages of this matter" - The Prince Edward Island Court of Appeal stated, inter alia, that a losing party should not be required to pay for expenses incurred for photocopying documents not necessary for the appeal, or for the argument of grounds already dealt with or for which there was no foundation - The court awarded the appellant 40% of proven disbursements - Disbursements that might relate to legal fees for preparation respecting this matter were payable on a partial indemnity basis taking into consideration, inter alia, the factors above - See paragraphs 47 to 52.

Cases Noticed:

Ayangma v. Prince Edward Island et al. (2002), 210 Nfld. & P.E.I.R. 266; 630 A.P.R. 266; 2002 PESCAD 5, refd to. [paras. 7, 54].

Zenner v. College of Optometrists (P.E.I.) (2004), 236 Nfld. & P.E.I.R. 198; 700 A.P.R. 198; 2004 PESCAD 7, refd to. [para. 15].

Ryan v. Law Society of New Brunswick, [2003] 1 S.C.R. 247; 302 N.R. 1; 257 N.B.R.(2d) 207; 674 A.P.R. 207; 2003 SCC 20, refd to. [para. 15].

Dr. Q., Re, [2003] 1 S.C.R. 226; 302 N.R. 34; 179 B.C.A.C. 170; 295 W.A.C. 170; 2003 SCC 19, refd to. [paras. 15, 66].

Dr. Q. v. College of Physicians and Surgeons (B.C.) - see Dr. Q., Re.

Basi v. Canadian National Railway Co., [1988] C.H.R.D. No. 2 (Cdn. Human Rights Trib.), refd to. [para. 17].

Syndicat des employés de production du Québec et de l'Acadie v. Commission canadienne des droits de la personne et al., [1989] 2 S.C.R. 879; 100 N.R. 241, refd to. [para. 19].

Baker v. Canada (Minister of Citizenship and Immigration), [1999] 2 S.C.R. 817; 243 N.R. 22, refd to. [para. 20].

Fong et al. v. Chan et al. (1999), 128 O.A.C. 2; 181 D.L.R.(4th) 614 (C.A.), refd to. [para. 47].

Johnston v. Law Society of Prince Edward Island (1988), 73 Nfld. & P.E.I.R. 239; 229 A.P.R. 239; 54 D.L.R.(4th) 18 (P.E.I.C.A.), refd to. [para. 52].

Ayangma v. Prince Edward Island (Attorney General) (2004), 242 Nfld. & P.E.I.R 77; 719 A.P.R. 77; 2004 PESCAD 22, refd to. [para. 52].

Lee v. British Columbia (Attorney General) et al. (2004), 204 B.C.A.C. 113; 333 W.A.C. 113; 2004 BCCA 457, refd to. [para. 54].

Housen v. Nikolaisen et al., [2002] 2 S.C.R. 235; 286 N.R. 1; 219 Sask.R. 1; 272 W.A.C. 1; 2002 SCC 33, refd to. [para. 64].

Counsel:

Noël Ayangma, on his own behalf;

Gregory J. Howard, for the respondent, P.E.I. Human Rights Commission;

Ruth M. DeMone, for the respondent, Eastern School Board.

This appeal was heard on May 6 and 7, 2004, at Charlottetown, Prince Edward Island, by Mitchell, C.J.P.E.I., McQuaid and Webber, JJ.A., of the Prince Edward Island Court of Appeal. The judgment of the Court of Appeal was delivered on November 12, 2004, when the following opinions were filed:

Webber, J.A. (Mitchell, C.J.P.E.I., concurring) - see paragraphs 1 to 53;

McQuaid, J.A., dissenting - see paragraphs 54 to 74.