D'Auteuil v. Canada (Attorney General)
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D'Auteuil v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2005-09-20 Neutral citation 2005 FCA 305 File numbers A-19-05 Decision Content Date: 20050920 Docket: A-19-05 Citation: 2005 FCA 305 CORAM: RICHARD C.J. DÉCARY J.A. NADON J.A. BETWEEN: ISABELLE D'AUTEUIL Appellant and THE ATTORNEY GENERAL OF CANADA AND MARIE-CLAUDE MARQUIS Respondents Heard at Ottawa, Ontario, on September 20, 2005. Judgment delivered from the Bench at Ottawa, Ontario, on September 20, 2005. REASONS FOR JUDGMENT OF THE COURT BY: NADON J.A. Date: 20050920 Docket: A-19-05 Citation: 2005 FCA 305 CORAM: RICHARD C.J. DÉCARY J.A. NADON J.A. BETWEEN: ISABELLE D'AUTEUIL Appellant and THE ATTORNEY GENERAL OF CANADA AND MARIE-CLAUDE MARQUIS Respondents REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Ottawa, Ontario, on September 20, 2005) NADON J.A. [1] This is an appeal from a decision of Noël J. of the Federal Court, 2004 FC 1762, dated December 21, 2004 dismissing the appellant's judicial review application of a decision of the Public Service Commission Appeal Board, file no. 03-DFO-00605. [2] As we are satisfied that the Appeal Board's assumption, that neither the appellant nor the three other candidates on the eligibility list would have accepted the appointment to the term position, cannot be characterized as being unreasonable, which view found favour with Noël J., we are all agreed that this appeal must be dismissed with costs in favour of the Attorne…
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D'Auteuil v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2005-09-20 Neutral citation 2005 FCA 305 File numbers A-19-05 Decision Content Date: 20050920 Docket: A-19-05 Citation: 2005 FCA 305 CORAM: RICHARD C.J. DÉCARY J.A. NADON J.A. BETWEEN: ISABELLE D'AUTEUIL Appellant and THE ATTORNEY GENERAL OF CANADA AND MARIE-CLAUDE MARQUIS Respondents Heard at Ottawa, Ontario, on September 20, 2005. Judgment delivered from the Bench at Ottawa, Ontario, on September 20, 2005. REASONS FOR JUDGMENT OF THE COURT BY: NADON J.A. Date: 20050920 Docket: A-19-05 Citation: 2005 FCA 305 CORAM: RICHARD C.J. DÉCARY J.A. NADON J.A. BETWEEN: ISABELLE D'AUTEUIL Appellant and THE ATTORNEY GENERAL OF CANADA AND MARIE-CLAUDE MARQUIS Respondents REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Ottawa, Ontario, on September 20, 2005) NADON J.A. [1] This is an appeal from a decision of Noël J. of the Federal Court, 2004 FC 1762, dated December 21, 2004 dismissing the appellant's judicial review application of a decision of the Public Service Commission Appeal Board, file no. 03-DFO-00605. [2] As we are satisfied that the Appeal Board's assumption, that neither the appellant nor the three other candidates on the eligibility list would have accepted the appointment to the term position, cannot be characterized as being unreasonable, which view found favour with Noël J., we are all agreed that this appeal must be dismissed with costs in favour of the Attorney General of Canada. "M. Nadon" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-19-05 (APPEAL FROM AN ORDER OF THE FEDERAL COURT DATED DECEMBER 21, 2004 (T-2121-03) STYLE OF CAUSE: Isabelle D'auteuil v. The Attorney General of Canada and Marie-Claude Marquis PLACE OF HEARING: Ottawa, Ontario DATE OF HEARING: September 20, 2005 REASONS FOR JUDGMENT OF THE COURT BY: Richard C.J., Décary J.A., Nadon J.A. DELIVERED FROM THE BENCH BY: Nadon J.A. APPEARANCES: Ms. Michelle Flaherty FOR THE APPELLANT Mr. Alex Kaufman FOR THE RESPONDENTS SOLICITORS OF RECORD: Sack Goldblatt Mitchell Ottawa, Ontario FOR THE APPELLANT Mr. John H. Sim, Q.C. Deputy Attorney General of Canada Ottawa, Ontario FOR THE RESPONDENTS
Source: decisions.fca-caf.gc.ca