Nault v. Public Service Commission, 2004 FCA 350

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.

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