Canada ( Attorney General ) v. Canada ( Public Service Commission Appeal Board )
T-2927-92
Pinard J.
3/2/94
5 pp.
Application for judicial review pursuant to Federal Court Act, s. 18.1 to review and set aside Public Service Commission Appeal Board decision allowing respondent David Lodba's appeal under Public Service Employment Act, s. 21 against appointments made following competition for position of Senior Customs Inspector, Department of National Revenue -- Respondent qualified for position, ranked fifth by Selection Board -- Eligibility list of twelve names established -- All those on list, except respondent, eventually appointed to position of Senior Customs Inspector or to position at higher level -- Department failed to appoint respondent following unclarified incident rendering Lodba, according to Department, unqualified -- Respondent's name still appeared on eligibility list after alleged incident -- Appeal Board properly and adequately concerned itself with application of merit principle in concluding appointments of persons whose names after Lodba's not those of best qualified -- Assuming Department considered showing eligibility list based upon out-of-date data, cautiousness required it to attempt to bring all necessary evidence or call necessary witnesses to establish relevant facts -- Appeal Board not refusing to accept evidence, hear witnesses -- Application dismissed -- Public Service Employment Act, R.S.C., 1985, c. P-33, s. 21 (as am. by S.C. 1992, c. 54, s. 16) -- Federal Court Act, R.S.C., 1985, c. F-7, s. 18.1 (as enacted by S.C. 1990, c. 8, s. 5).