Girard v. Canada (Attorney General)

Girard v. Canada (Attorney General)
Court (s) Database
Federal Court of Appeal Decisions
Date
2008-04-29
Neutral citation
2008 FCA 161
File numbers
A-477-07
Decision Content
Date: 20080429
Docket: A-477-07
Citation: 2008 FCA 161
CORAM: NOËL J.A.
NADON J.A.
PELLETIER J.A.
BETWEEN:
PIERRE GIRARD
Appellant
and
ATTORNEY GENERAL OF CANADA
Respondent
Hearing held at Ottawa, Ontario, on April 29, 2008.
Judgment delivered from the bench at Ottawa, Ontario, on April 29, 2008.
REASONS FOR JUDGMENT OF THE COURT BY: NADON J.A.
Date: 20080429
Docket: A-477-07
Citation: 2008 FCA 161
CORAM: NOËL J.A.
NADON J.A.
PELLETIER J.A.
BETWEEN:
PIERRE GIRARD
Appellant
and
ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the bench at Ottawa, Ontario, on April 29, 2008.)
NADON J.A.
[1] We are not satisfied that the Court should intervene in this case.
[2] In our view, Justice Frenette did not err in concluding that the reasons of the decision-maker, Clovis Dorval, met the requirements of the Directive on Recourse for Staffing. Moreover, we are of the view that, given the evidence on record, Mr. Dorval’s reasons are not inadequate, as the appellant claims.
[3] In our opinion, the decision-maker did not have to specifically mention that it was not capricious for the evaluator, Mr. Lamy, to select only one of the persons named in the appellant’s portfolio, namely Mr. Doucet, to validate the Teamwork and Cooperation competency and conclude that, because of Mr. Doucet’s refusal to validate this competency, the appellant had not shown that he met this necessary condition for the desired position.
[4] For this reason, there can be no doubt as to the basis for Mr. Dorval’s conclusion that the process was not capricious.
[5] For these reasons, the appeal will be dismissed with costs.
“M. Nadon”
J.A.
Certified true translation
Michael Palles
FEDERAL COURT OF APPEAL
SOLICITORS OF RECORD
DOCKET: A-477-07
(APPEAL FROM A JUDGMENT OF THE FEDERAL COURT DATED SEPTEMBER 26, 2007, DOCKET NO. T-1485-06)
STYLE OF CAUSE: PIERRE GIRARD v. A.G.C.
PLACE OF HEARING: Ottawa, Ontario
DATE OF HEARING: April 29, 2008
REASONS FOR JUDGMENT OF THE COURT BY: (Noël, Nadon and Pelletier JJ.A.)
DELIVERED FROM THE BENCH BY: Nadon J.A.
APPEARANCES:
Sean McGee
Julie C. Skinner
FOR THE APPELLANT
Yannick Landry
Philippe Lacasse
FOR THE RESPONDENT
SOLICITORS OF RECORD:
Nelligan O’Brien Payne LLP, Ottawa, Ontario
FOR THE APPELLANT
John H. Sims, Q.C.
Deputy Attorney General of Canada
FOR THE RESPONDENT