Date: 20010615
Docket: T-1621-00
Neutral Citation: 2001 FCT 667
Ottawa, Ontario, this 15th day of June, 2001
PRESENT: THE HONOURABLE MR. JUSTICE JOHN A. O'KEEFE
IN THE MATTER OF an appeal under section 21 of the
Public Service Employment Act, R.S.C. 1985, c. P-33,
as amended by section 16 of the Public Service Reform Act, S.C. 1992, c. 54
AND IN THE MATTER OF the appeals of Michael K. Warren,
Lan Hoang, Kenneth Ko and Gordon L. Hiseler
following a Corrective Measures Promotion Board
exercise following allowed appeals for the promotion
of some 78 FS-01 officers in the Political/Economic Stream
to the FS-02 level
BETWEEN:
GORDON L. HISELER, and MICHAEL K. WARREN
Applicants
- and -
THE ATTORNEY GENERAL OF CANADA
Respondent
O'KEEFE J.
[1] The respondent, The Attorney General of Canada, has made a motion in
writing pursuant to Rule 369 of the Federal Court Rules, 1998 for an order that:
1. The 64 successful candidates in the competition which is the subject of the consolidated applications, Court File No. T-1621-00 and T-1876-00 be added as co-respondents.
2. The style of cause in each application Court File No. T-1621-00 and T-1876-00 be amended by adding the names of the 64 successful candidates referred to in paragraph 1 above.
3. The consolidated applications be managed as a specially managed proceeding in accordance with Rule 385 of the Federal Court Rules, 1998.
4. That there be no costs of this motion.
[5] Court File No. T-1876-00 has been discontinued. I have reviewed the motion filed by the respondent and I am prepared to grant the relief requested under items 1, 2 and 4 with respect to Court File No. T-1621-00.
[6] I am not prepared to order that this application become a specially managed proceeding according to Rule 385 of the Federal Court Rules, 1998. Part V of the Federal Court Rules, 1998 contains a procedure for moving this application for judicial review along. I do not see any special circumstances in this case to require that the matter become a specially managed proceeding at this point in time.
[7] This Court has held that a request to specially manage an application for judicial review should not be made routinely and requires a substantial reason to justify departure from the time table in Part V of the Rules (Canada (Information Commissioner) v. Canada (Min. of Environment) (November 15, 1999), Docket T-1125-99 (F.C.T.D.).
[8] The application is granted as outlined above.
ORDER
IT IS ORDERED that:
1. The 64 successful candidates in the competition which is the subject matter of
Court File No. T-1621-00 be added as co-respondents.
5. The style of cause in the application in Court File No. T-1621-00 be amended by adding the names of the 64 successful candidates referred to in paragraph 1 above.
6. There be no costs of this motion.
"John A. O'Keefe"
J.F.C.C.
Ottawa, Ontario
June 15, 2001
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