Nault v. Public Service Commission

Nault v. Public Service Commission
Court (s) Database
Federal Court of Appeal Decisions
Date
2004-10-18
Neutral citation
2004 FCA 350
File numbers
A-11-03
Decision Content
Date: 20041018
Docket: A-11-03
Citation: 2004 FCA 350
CORAM: RICHARD C.J.
DÉCARY J.A.
NADON J.A.
BETWEEN:
JACQUES NAULT
Appellant
and
PUBLIC SERVICE COMMISSION,
RECOURSE BRANCH
and
DEPARTMENT OF PUBLIC WORKS
AND GOVERNMENT SERVICES
Respondents
Hearing held at Montréal, Quebec on October 18, 2004.
Judgment from the bench at Montréal, Quebec on October 18, 2004.
REASONS FOR JUDGMENT OF THE COURT: CHIEF JUSTICE RICHARD
Date: 20041018
Docket: A-11-03
Citation: 2004 FCA 350
CORAM: RICHARD C.J.
DÉCARY J.A.
NADON J.A.
BETWEEN:
JACQUES NAULT
Appellant
and
PUBLIC SERVICE COMMISSION,
RECOURSE BRANCH
and
DEPARTMENT OF PUBLIC WORKS
AND GOVERNMENT SERVICES
Respondents
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the bench at Montréal, Quebec on October 18, 2004)
RICHARD C.J.
[1] This is an appeal concerning an order made by Pierre Blais J. of the Federal Court on December 13, 2002, by which the application for judicial review made pursuant to section 18.1 of the Federal Courts Act against the investigation report by Philippe Rabot of the Canada Public Service Commission on April 17, 2001 was dismissed (2002 FCTD 1297).
[2] After obtaining the facts relating to Mr. Nault's allegations, the investigator analyzed those facts and concluded that the complaint was without merit.
[3] Blais J., after analyzing the record, found that the investigator had made no error in concluding that Mr. Nault, when he applied for the competition, had not provided sufficient information to show that he had all the experience required.
[4] The appellant was unable to show that the investigator's decision was patently unreasonable and Blais J. made no error in dismissing his application for judicial review.
[5] The appeal will be dismissed with costs.
"John D. Richard"
Chief Justice
Certified true translation
Jacques Deschênes, LLB
FEDERAL COURT OF APPEAL
SOLICITORS OF RECORD
DOCKET: A-11-03
STYLE OF CAUSE: JACQUES NAULT
Appellant
and
PUBLIC SERVICE COMMISSION, RECOURSE BRANCH
and
DEPARTMENT OF PUBLIC WORKS AND GOVERNMENT SERVICES
Respondents
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: October 18, 2004
REASONS FOR JUDGMENT OF THE COURT: (RICHARD C.J. AND DÉCARY AND NADON JJ.A.)
DELIVERED FROM THE BENCH BY: RICHARD C.J.
APPEARANCES:
Sam Kulik FOR THE APPELLANT
Guy A. Blouin FOR THE RESPONDENT
SOLICITORS OF RECORD:
Sam Kulik FOR THE APPELLANT
Montréal, Quebec
Morris Rosenberg FOR THE RESPONDENT
Deputy Attorney General of Canada
Montréal, Quebec