PUBLIC SERVICE |
Practice |
Kloot v. Canada (Minister of Canadian Heritage)
T-1982-00
O'Keefe J.
23/11/00
16 pp.
Motion for interim order staying revocation of applicant's employment as Program Officer pending final disposition of application to quash decision of Public Service Commission to revoke employment--Applicant permanent resident of Canada, not citizen of Canada--Written offer of employment made by Correctional Service Canada to applicant--Offer accepted in writing on January 19, 2000--Since January 24, 2000, applicant continuously employed by Correctional Service of Canada as Program Officer at Drumheller Federal Penitentiary in Alberta--Met all requirements for position of Program Officer, except citizenship--Public Service Commission of Canada approving recommendation of Board of Inquiry to revoke applicant's appointment under Public Service Employment Act, s. 6(3)--Tests to determine whether to grant stay same tests as for granting interlocutory injunction--Applicant required to satisfy all three branches of tripartite test--Case raising serious issue to be tried--Serious issue whether Act, s. 41(1) could, should be applied to case--Application neither vexatious nor frivolous--Removal of applicant from position before application heard would cause grave hardship to her--Irreparable harm would occur if applicant removed from position before application determined--Hardship not satisfied by award of damages--Balance of convenience favouring applicant--If injunction not granted, she will lose employment--Motion granted--Public Service Employent Act, R.S.C., 1985, c. P-33, ss. 6 (as am. by S.C. 1992, c. 54, s. 6; 1996, c. 18, s. 14), 41 (as am. by S.C. 1999, c. 31, s. 186).