Ayangma v. FLSB and ELSB

canada, canadian, case law, court opinion, canlii, pescad, 2025peca7, 2025 peca 7 (canlii), 2025, peca, 7, (canlii), s1-ca-1529, 2025, procedure, civil appeals, pre, trial motions, disclosure and production of documents, prince edward island rules of civil procedure, rules 30.02, 30.03, 30.08, missing may 2012 hiring file and requested declaratory relief, whether dismissal of motions was in error, appeal dismissed except costs adjusted to partial indemnity, procedure, disclosure and production, remedies, prince edward island rules of civil procedure, rule 30.08, whether failure to produce a document triggers rule 30.08 where it is not in possession, power or control, document disclosed in schedule c with present location unknown, no outstanding disclosure order, no rule 30.08 preconditions established, relief refused, procedure, striking pleadings, trial fairness, whether loss or destruction of relevant documents required pre, trial striking of the statement of defence, importance of missing may 2012 hiring file acknowledged, extent of prejudice and procedural remedies dependent on evidence at trial, pre, trial remedy not available on the motion record, relief refused, procedure, motion practice, reasons, whether motions judge erred by considering spoliation and issues not raised, multiple notices of motion and amended materials created ambiguity, comprehensive approach to unavailability of the hiring file permitted, no fault found in addressing spoliation context, ground of appeal dismissed, appeal dismissed, procedure, costs, leave to appeal, judicature act, s. 5(3), whether substantial indemnity costs were awarded on an error in principle, no leave sought for discretionary costs review, delay in disclosure obligations relevant to costs analysis, substantial indemnity reduced to partial indemnity, appeal allowed in part on costs