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
Source-derived case record
Summary, issues, holding and outcome
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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)
Legal Issues
- 1 Did the Classification Grievance Committee breach its duty of procedural fairness?
- 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
Full Case Text
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