Vogan v. Canada (Attorney General), 2007 FCA 58

Date: 20070123

Docket: A-90-06

Citation: 2007 FCA 58

CORAM:       SEXTON J.A.

                        EVANS J.A.

                        PELLETIER J.A.

BETWEEN:

DONALD VOGAN

Appellant

and

ATTORNEY GENERAL OF CANADA

Respondent

Heard at Ottawa, Ontario, on January 23, 2007.

Judgment delivered from the Bench at Ottawa, Ontario, on January 23, 2007.

REASONS FOR JUDGMENT OF THE COURT BY:                                                 SEXTON J.A.

Date: 20070123

Docket: A-90-06

Citation: 2007 FCA 58

CORAM:       SEXTON J.A.

                        EVANS J.A.

                        PELLETIER J.A.

BETWEEN:

DONALD VOGAN

Appellant

and

ATTORNEY GENERAL OF CANADA

Respondent

REASONS FOR JUDGMENT OF THE COURT

(Delivered from the Bench at Ottawa, Ontario, on January 23, 2007)

SEXTON J.A.

[1]               The appellant appeals from the decision of Justice Layden-Stevenson of the Federal Court who dismissed the appellant's application to set aside a decision of the Public Service Commission which had refused the appellant's request to re-open an investigation into the employment of two individuals with the Department of National Defence. The complaints related to events which took place approximately 13 years ago.

[2]               Specifically, investigations had been completed by the Public Service Commission in 1993 and 1994 into two of the three complaints and the appellant's complaints were held to be unfounded. The appellant had not requested an investigation of his complaint with the third person.

[3]               The learned Trial Judge, in a careful and reasoned way, examined the evidence and arguments of the appellant and concluded that the appellant could not succeed.

[4]               While we have no doubt that the appellant is sincere in his belief that more investigation is required, nevertheless, substantially for the reasons given by the learned Motion Judge we are of the view that the Public Service Commission committed no reviewable error.

[5]               The appeal should therefore be dismissed with costs.

    "J. Edgar Sexton"

FEDERAL COURT OF APPEAL

NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                                                              A-90-06

APPEAL FROM A JUDGMENT OR ORDER OF THE FEDERAL COURT DATED FEBRUARY 6, 2006, DOCKET NO. T-1156-05

STYLE OF CAUSE:                                                              DONALD VOGAN v. ATTORNEY GENERAL OF CANADA

PLACE OF HEARING:                                                        Ottawa, Ontario

DATE OF HEARING:                                                          January 23, 2007

REASONS FOR JUDGMENT OF THE COURT BY:       Sexton, Evans, Pelletier JJ.A.

DELIVERED FROM THE BENCH BY:                            Sexton J.A.

APPEARANCES:

SOLICITORS OF RECORD: