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The Federal Court dismissed two judicial review applications by Munchang Choi concerning DFO recruitment processes and a Public Service Commission refusal to investigate.
The Federal Court dismissed a judicial review of a probationary termination grievance, finding the final-level decision reasonable and no procedural unfairness from non-disclosure.
The Director’s dismissal of the appellant’s allegations was reasonable because it was supported by evidence and permissible inferences; there were no fundamental errors in fact‑finding, no bias or fettering of discretion, and appellate review must not reweigh the evidence, therefore the appeal is dismissed with costs.
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The Federal Court allowed judicial review of a classification grievance decision, finding the Deputy Head unreasonably justified two key classification factors but not the supervision factor.
Applicant failed to establish irreparable harm and the balance of convenience favoured the Respondent; harms alleged were compensable by damages and reinstatement would undermine public interest and the Commission's statutory role, therefore interlocutory relief was denied.
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The Federal Court of Appeal upheld the Federal Court's application of the reasonableness standard and concluded the Director reasonably denied Enhanced Reliability Status because the record contained evidence of misleading social media representations, association with individuals of national security concern and lack of remedial action, and procedural fairness was maintained.
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The Federal Court dismissed judicial review of a PSC fraud finding against a public servant who claimed degrees from Belford University, holding fairness was respected and the decision was reasonable.
The appeal was allowed in part: the Federal Court’s judgment was varied and the matter remitted to the Public Service Commission for reconsideration because the PSC investigator made unreasonable factual findings and failed to address the key question whether, in the exigent circumstances, classifying the term supervisory position as English Essential constituted improper conduct under s.66 of the PSEA; the PSC’s retroactive revocation of Shakov’s term appointment was unreasonable and cannot stand.
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The Federal Court of Appeal dismissed the application because the PSLREB reasonably found on the evidence that the CBSA failed to establish cause for the suspension, revocation of reliability status and termination (alternatively treating them as disguised discipline), and did not breach the CBSA's procedural fairness rights; costs were awarded to the respondent in the amount of $3600.
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The Federal Court allowed judicial review, finding the Deputy Minister unreasonably failed to consider relevant factors in Dr. Gupta’s promotion review.
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