Julien v. Canada (Attorney General)

Julien v. Canada (Attorney General)

The Court held that the Committee did not breach procedural fairness because no new or significant employer information was introduced that applicants could not have anticipated or respond to, and that the Committee's classification (PM-01, 230 points) was not patently unreasonable because its analysis showed a...

Source-derived case information.

Citation
2008 FC 115
Parties
Applicants: André Julien et al.; Respondent: Attorney General of Canada; Respondent: Canada Revenue Agency
Court
Federal Court
Jurisdiction
Canada
Judgment Date
31 January 2008
Procedural Posture
Judicial Review of Classification Grievance Committee Decision / Decision on Application for Judicial Review (dismissed)
Outcome
Application for judicial review dismissed
Legal Topics
Classification Grievances, Procedural Fairness, Standard of Review (patent Unreasonableness Vs Correctness), Job Classification Benchmarks, Treasury Board Classification Policy
Source Language
english
Administrative Law Employment Law Public Service Staffing Judicial Review Classification Grievances Procedural Fairness Standard of Review (patent Unreasonableness Vs Correctness) Job Classification Benchmarks +1 more

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Parties

André Julien et al.

Applicants

Attorney General of Canada

Respondent

Canada Revenue Agency

Respondent

Procedural Posture

Judicial Review of Classification Grievance Committee Decision / Decision on Application for Judicial Review (dismissed)

  1. 1 Did the Classification Grievance Committee breach its duty of procedural fairness?
  2. 2 Was the PM-01 classification decision patently unreasonable?

Ratio Decidendi

The Court held that the Committee did not breach procedural fairness because no new or significant employer information was introduced that applicants could not have anticipated or respond to, and that the Committee's classification (PM-01, 230 points) was not patently unreasonable because its analysis showed a rational connection between the evidence, benchmark comparisons and the resulting score; therefore judicial review dismissal was warranted.

Court Disposition

Application for judicial review dismissed

Orders

  • Application for judicial review dismissed