Focus On

CIVIL PROCEDURE - Parties - Vexatious litigants

Monday, November 25, 2019 @ 10:46 AM  

Lexis Advance® Quicklaw®
Appeal by Ayangma from a motion judge’s decision that declared him to be a vexatious litigant and dismissed his civil action against the respondent on the basis it was statute-barred. The appellant was a part-time professor at the respondent university. In 2014, he unsuccessfully applied for a permanent position. After his human rights complaint and grievances were dismissed, he initiated civil proceedings against the respondent in 2017. In the face of the appellant’s motion for the respondent to produce a Rules-compliant affidavit of documents, the respondent applied for the vexatious litigant declaration and summary judgment. The appellant was involved in more than 100 reported decisions and had $156,000 in unpaid costs awarded against him. The motion judge found the appellant abused the legal system and the administration of justice. He originally issued his decision only in the French language. He refused to recuse himself on the basis he had attended the respondent as a student.

HELD: Appeal dismissed. The decision should have been published in both official languages. Granting summary judgment despite the respondent’s non-compliant affidavit of documents was appropriate as the basis upon which summary judgment was granted, that the action was prescribed, was not dependent upon the disclosure of any documents. The motion judge did not err in finding the applicable limitation period was two years or that the appellant was a vexatious litigant. He did not err in his analysis of his impartiality.

Ayangma v. Université de Moncton, [2019] N.B.J. No. 291, New Brunswick Court of Appeal, J.C.M. Richard, K.A. Quigg and B.L. Baird JJ.A., October 10, 2019. Digest No. TLD-November252019003