Noel Ayangma loses appeal in lawsuit against teachers' union

Ryan Ross
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Court of Appeal upholds ruling that Ayangma's statement of claim didn't create any genuine issues that required a trial.

Noel Ayangma

A teacher who unsuccessfully sued the P.E.I. Teachers' Federation because it didn't file a grievance on his behalf will have to pay the union $5,000 after losing his appeal of a lower court decision.

In a unanimous decision issued May 15, the P.E.I. Court of Appeal found supreme court Justice John Mitchell was right when he ruled Noel Ayangma's statement of claim didn't create any genuine issues that required a trial.

Ayangma claimed the federation breached its duty of fair representation when it failed to file two grievances on his behalf against the former Eastern School District.

Those grievances were related to the terms of his teaching contract for the 2009-2010 school year and an alleged ban that kept him from applying for future teaching positions.

Ayangma had signed a release with the school board that prevented any further action, including grievances, and was paid $370,000.

Despite signing the release, Ayangma asked the federation to file grievances, which it determined wouldn't have been successful.

Ayangma filed the appeal on four grounds, including that Mitchell erred in his interpretation of the release and in his finding that the federation didn't breach its duty of fair representation.

Justice Michele Murphy wrote the decision, in which she said Mitchell was right in finding there was no fact that would have created an issue for trial and she agreed with his interpretation of the release.

Mitchell was also right in finding the federation didn't breach its duty of fair representation because the release kept it from filing a grievance.

The appeals judges concluded each of Ayangma's grounds for appeal failed and awarded $5,000 in costs, payable within 30 days of the decision.

rross@theguardian.pe.ca

twitter.com/ryanrross

Organizations: P.E.I. Teachers, P.E.I. Court, Eastern School District.Those

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Recent comments

  • voter
    May 17, 2014 - 09:53

    this fellow knows who's stupid ------this says much more about ourselves than others -- stupid as heck to allow such antics -- but we continue to bend over backwards so some of these can deliver a better kick

  • Resident
    May 17, 2014 - 06:44

    The guy is not a problem. The system is. He is just using it...

  • Proud Teacher
    May 16, 2014 - 21:03

    The headline is wrong. This man is NOT a PEI teacher (ousted for inappropriate conduct and hopefully for good). He is a serial suer and a burden to PEI taxpayers. In future, please do not refer to hm as a teacher ( he does not teach!) or if you feel you must, please add an adjective in front of teacher such as Dismissed, Dishonored, Fired, Banned........ Thanks

  • Maurice
    May 16, 2014 - 19:10

    Is it not time this man was declared a perpetual litigant? Time to stop wasting the taxpayers' money!

  • sammy
    May 16, 2014 - 17:30

    There are court cases out there where this guy was fired from the federal civil service for falsifying expense claims. Claiming mileage between Saint Johns, NB to Halifax while making cell calls all day from Charlottetown on a fed govt cell phone. Those cases are on the net for everyone to read. It's too bad he did't have to pay $500,000 instead of just$5000 then perhaps we would recover all of the money he has stolen (my opinion). When the bank account starts to get low he looks for another way to get more money by suing someone. He's a real piece of work...

  • Enough
    May 16, 2014 - 14:45

    There should be a limit on the amount of 'nuisance' lawsuits a single individual can bring to court.

  • Wow
    May 16, 2014 - 13:26

    This guy made 370 thousand and wants more? He and his family are constantly in the courts crying foul... Absolutely no shame.

    • vck
      May 17, 2014 - 07:40

      This guy should be sued by the tax payers of PEI…..he has done nothing but cost this Province alot of money and tied up our court system way too many times! Not to mention his family are one of the members charged in the big drug bust a couple months ago……please go away!