Noel Ayangma's failed legal attempts cost him over $30,000

Ryan Ross
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Ayangma to pay after failing to have human rights cases reviewed

Noel Ayangma

An Island man will have to pay more than $30,000 in costs after losing three attempts to have failed human rights complaints reviewed.

In a recent P.E.I. Supreme Court decision, Justice Nancy Key ordered $14,500 in costs after she dismissed Noel Ayangma’s application for judicial review of a July 2013 P.E.I. Human Rights Commission ruling.

Ayangma, who is originally from Cameroon, alleged the French Language School Board discriminated against him when he applied for the position of director general.

It was not Ayangma’s first claim of discrimination by the board and in 2012 he signed a release that settled several litigation files in exchange for $370,000. Because of that settlement, the Human Rights Commission ruled it had no jurisdiction to deal with the allegation related to the director general position.

Ayangma then asked for a judicial review to have the issue sent back for the commission to deal with.

Key agreed with the Human Rights Commission’s decision that the complaint wasn’t a new matter and was covered by the terms of the release.

She awarded the board $14,500 in partial costs.

Ayangma also recently had an appeal from the dismissal of a judicial review of a Human Rights Commission decision over a complaint the Public Service Alliance of Canada discriminated against him.

The complaint arose after Ayangma applied for six jobs, but PSAC chose not to hire him for any of them and when the Human Rights Commission investigated it found the complaint had no merit.

In the appeal court decision, the three judges upheld a lower court decision not to order a judicial review.

When it came to costs on that complaint appeal, Chief Justice David Jenkins wrote that PSAC’s claim of 36 hours at $140 per hour seemed more than reasonable. That was on top of $8,500 a supreme court judge ordered in costs for the initial judicial review application.

But in granting costs, Jenkins went further, saying lawyers have an ethical duty and obligation to raise ethically valid arguments for their clients, which can sometimes mean making suggestions that could be defamatory outside the court.

Jenkins said that privilege comes with great responsibility and while Ayangma is not a lawyer he has appeared in court more times in the past several years than most lawyers and is not exempt from the rule.

In this case, Ayangma alleged PSAC altered the record, which Jenkins said was a baseless allegation of criminal wrongdoing with nothing to support it.

Jenkins said the appeal judges would allow higher costs to PSAC as a way to express the court’s disapproval of such tactics and to deter lawyers and litigants from abusing their privilege by making “reckless allegations.”

Ayangma will have to pay PSAC $7,750 in costs.

In another case that was before the P.E.I. Court of Appeal, Ayangma also recently lost an appeal for a judicial review of a human rights decision related to a discrimination complaint against Canada Health Infoway.

Ayangma alleged the company discriminated against him when it didn’t hire him for a senior position. The complaint went to a hearing where a panel determined Canada Health Infoway didn’t discriminate against Ayangma.

He sought a judicial review of that decision, but a lower court judge dismissed his application.

In a unanimous decision, Chief Justice David Jenkins wrote the appeal decision in which he said the supreme court judge was correct in dismissing the application for judicial review.

Canada Health Infoway withdrew its request for costs and none were ordered.

Organizations: Public Service Alliance of Canada, Human Rights Commission, P.E.I. Supreme Court French Language School Board Canada Health Infoway.Ayangma

Geographic location: Iceland, Cameroon, Canada

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Recent comments

  • Fed Up
    August 01, 2014 - 23:08

    Maybe he's just not a good teacher. Don't think lack of aptitude knows any skin color. Maybe he can do some dealing for one of his sons to make ends meet.

  • Confused
    August 01, 2014 - 21:47

    Is this not the same man that was telling his work he was working but he was really home and getting paid while he was out waxing his cars...unbelievable.

  • Jeff
    August 01, 2014 - 15:26

    When this guy came here from Cameroon, I think he may have confused PEI for USA... Maybe a good reason why he wasn't hired for these jobs? I didn't know you could just sue your way to a living instead of working. I guess it's just too easy to play the race card and hope that the opposition is too intimidated to stand their ground on their original correct decision. Gonna be pretty hard to find work now... Time to move south of the border and make a real living through the court system...

  • Richard MacCallum
    August 01, 2014 - 10:42

    So he applied for 6 jobs and didn't get them? That's not discrimination that's how job hunting works in the real world!

  • Black BOY
    August 01, 2014 - 09:10

    Racism is still alive but they be concealing it.....I'm not surprised tho'

    • Buffalo Soldier
      August 01, 2014 - 09:45

      Point out the racism or stop playing the card.

  • Adolphus
    August 01, 2014 - 07:03

    Reporting on Mr. Ayangma is always about Racism - never just the facts.

  • mad as hell
    August 01, 2014 - 04:55

    Not far enough - the judge should have ordered a psychiatric evaluation.

  • Billy
    August 01, 2014 - 04:13

    Racist justice at its finest! Welcome to WASP PEI people!

  • jacinta
    July 31, 2014 - 20:42

    Looks good on him , not before time!

  • sammy
    July 31, 2014 - 14:18

    The guy got over 300k from a federal settlement that he should never have received. in the first place. If he says he can't pay sell his house and fancy cars to pay the bill.. this guy has made a mockery of the court system from the beginning of his actions years ago...