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Administrative law 2025 FC 52

Musende v. Canada (Attorney General)

The Federal Court dismissed this judicial review as moot after a later PSC decision superseded the challenged 2023 candidacy conditions.

  • Mootness
  • Judicial review
  • Political activities of public servants
  • Public service employment act s.114
  • Procedural fairness
  • Reasonableness review
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Administrative law 2024 FC 1404

Canada (Human Rights Commission) v. Canada (Attorney General)

The Federal Court dismissed judicial review of a CHRT ruling that rejected a discrimination complaint arising from a hiring process and score change, finding the decision reasonable.

  • Judicial review
  • Reasonableness standard
  • Subtle scent of discrimination
  • Racial and ethnic discrimination
  • Hiring practices
  • Onus of proof
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Administrative law 2022 FCA 133

Kot v. Canada (Attorney General)

Because the applicant ceased to be an employee on layoff under s.64(4) PSEA and was therefore hired from outside the public service, he was subject to the statutory twelve‑month probation under s.61(1) and the Regulations; the Board reasonably concluded the employer had bona fide concerns about suitability and thus lawfully rejected him during probation, meaning the Board lacked jurisdiction over the grievance under FPSLRA s.211 and the PSEA, and the Board’s decision was reasonable and not procedurally unfair.

  • Probation
  • Jurisdiction
  • Procedural fairness
  • Standard of review
  • Termination
  • Priority status
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Administrative law 2022 FCA 83

Nowlan v. Canada (Attorney General)

The Board's interpretation and remedial approach to section 12.1.2 of the Relocation Directive was unreasonable because it departed from mandatory, unambiguous language and applied an inconsistent, non‑textual 'common sense' analysis; the Federal Court of Appeal quashed the Board's decision and remitted the matter for reconsideration in accordance with proper contract interpretation and administrative law principles, and awarded costs to the applicant.

  • Judicial review
  • Interpretation of collective agreement
  • Relocation directive
  • Contract interpretation
  • Remedies
  • Standard of review - reasonableness
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Administrative law 2021 FCA 226

Davidson v. Canada (Attorney General)

The Federal Court of Appeal dismissed the judicial review; the Board’s findings and reasons were reasonable and supported by the record, there was no demonstrable bias, favouritism, retaliation or nexus to racial discrimination, and the applicant failed to prove abuse of authority under para.77(1)(a) of the Act.

  • Abuse of authority
  • Procedural fairness
  • Bias and reasonable apprehension of bias
  • Discrimination (race)
  • Merit-based appointments
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Administrative law 2021 FCA 159

Canada (Commissioner of Official Languages) v. Office of the Superintendent of Financial Institutions

The Court held that Beaulac's purposive interpretive principles apply to Part V of the OLA and to Francophones in Quebec; however, on the facts the Toronto unilingual specialists did not supply a "service" to Montreal generalists within s.36(1)(a). Nevertheless OSFI breached s.36(2) by failing to take reasonable measures (eg. effective translation services, appropriate bilingual staffing profiles) to establish and maintain a work environment conducive to the effective use of both official languages; Federal Court decision dismissing Dionne's s.77 application was set aside and appeals allowed;…

  • Official languages act interpretation
  • Language of work
  • Substantive equality
  • Statutory interpretation
  • Remedies under s.77 ola
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Administrative law 2021 FCA 22

Cadostin v. Canada (Attorney General)

The Commission’s finding that the appellant committed fraud and the corrective measures imposed were reasonable and procedurally fair; the Federal Court applied the correct standard of review and did not err, therefore the appeal is dismissed.

  • Procedural fairness
  • Reasonableness standard of review
  • Fraud under public service employment act
  • Administrative investigation
  • Remedial measures
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Administrative law 2020 FCA 223

Wilkinson v. Canada (Attorney General)

The Deputy Head's refusal to accept the Committee's unanimous recommendation was unreasonable because he mischaracterized the Committee's findings and imposed an unsupported requirement that degree 6 Decision Making necessitates substantive national‑level recommendations; he failed to tie his reasons to the Committee's justification as required by the Directive; after repeated failures to justify rejection the court concluded the only reasonable outcome is acceptance of the Committee's recommendation and ordered redetermination consistent with that recommendation within 30 days.

  • Classification grievance
  • Reasonableness review
  • Procedural fairness
  • Remedy
  • Mandatory order
  • Classification standards
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Administrative law 2020 FC 1010

Meguellati v. Canada (Attorney General)

The Federal Court dismissed an application for judicial review of an ESDC grievance decision about staffing an executive’s position during leave without pay.

  • Leave without pay
  • Staffing of vacant positions
  • Interpretation of directives
  • Judicial review - reasonableness
  • Good faith and fairness
  • Judicial-review
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Administrative law 2019 FC 1198

Cadostin v. Canada (Attorney General)

Judicial review of a Public Service Commission fraud finding was dismissed. The Court held the investigation was fair, the finding reasonable, and the corrective action lawful.

  • Procedural fairness
  • Fraud under public service employment act
  • Judicial review
  • Corrective action
  • Admissibility of evidence
  • Procedural-fairness
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.