In a unanimous decision, the three P.E.I. Court of Appeal judges ruled the federation didn’t breach its duty to provide fair representation to former Donagh Regional School vice-principal Jo-Anne Lanigan.
The appeal judges ruled Supreme Court Justice Ben Taylor made several errors in his decision when he ruled in Lanigan’s favour.
Taylor also awarded Lanigan $277,244 in special damages, interest, and costs.
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Lanigan was working at the school when the then Eastern School Board disciplined her in 2010 over incidents involving the parents of a student with Down syndrome.
She was later told she would not be hired for any guidance counsellor positions.
Shaun MacCormac, the teachers’ federation’s general secretary, was assigned to represent her and the PEITF did not file a grievance on her behalf after he concluded it would be unsuccessful.
In a Nov. 30, 2015 decision issued more than six months after trial, Taylor ruled the federation breached its duty to fair representation in six ways.
The appeal judges disagreed and said none of those findings were sustainable and each one should be set aside.
When Taylor reviewed the evidence presented during a 12-days trial in 2015, he made a determination the appeal judges said amounted to finding a secret conspiracy.
That finding had serious ramifications for MacCormac’s reputation and was the foundation of Taylor’s decision, the appeals court said.
The appeal decision said there was nothing in the record or evidence from which someone could reasonably conclude or infer there was any agreement between the union and management at any time.
Throughout the appeal decision, the judges noted multiple instances of Taylor’s findings that had no evidence to support them.
They included several findings and conclusions the appeal decision said were speculation on Taylor’s part.
In his decision, Taylor concluded Lanigan had a case against the school district that she should have won.
The appeal judges said he wasn’t in a position to determine whether or not she could have won because no school district witnesses were called.
As part of the decision, the appeal judges also addressed Taylor’s assessment of witness credibility.
That included Taylor determining MacCormac wasn’t honest and forthright in disclosing to Lanigan and the court what happened between himself and management.
“From our reasons, it can be readily discerned that we reject both the trial judge’s hypothesis and negative assessment of MacCormac’s performance,” the appeal decision said.
The judges said “negative findings and aspersions” Taylor made about MacCormac and a senior school district official weren’t supported by the evidence at trial.
“The trial judge’s statements about their motivation and the aspersions he made, which go to their character and affect their reputations, are concerning,” the appeal decision said.
In concluding their decision, the judges ruled the PEITF didn’t breach its duty to provide Lanigan with fair representation.
They set aside the costs previously awarded to Lanigan, which the appeal judges also found involved errors by Taylor.
With the appeal granted, the judges awarded costs of the trial and the appeal to the PEITF.
