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The Federal Court dismissed a judicial review of a Public Service Commission fraud finding under s. 69 of the PSEA and upheld corrective measures.
The Court upheld the Board’s decision as reasonable: the complainant failed to discharge the balance of probabilities burden to show abuse of authority or predetermination, the evidence supported objective marking conforming to the rating guide, the Board’s reliance on prior jurisdictional authorities was reasonable, and the Board’s critical comments about the complainant did not establish a reasonable apprehension of bias or require a show cause opportunity.
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The Federal Court set aside the PSC’s decision finding improper conduct in a staffing process, holding the Commission failed to account for urgent operational context and managerial discretion.
The Federal Court of Appeal found no reviewable error in the Federal Court judge’s analysis; because the judge comprehensively addressed and determined the issues raised, the appeal was dismissed and the lower decision affirmed.
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The Federal Court allowed judicial review, finding the human rights tribunal’s adverse credibility findings and discrimination inference were unsupported by the evidence.
The Federal Court dismissed Kelly Plato’s judicial review as moot after a CRA staffing dispute became academic and ruled no costs should be awarded.
Judicial review of a Deputy Minister’s refusal to send a promotion file back to the committee was dismissed because no further individual remedy remained.
The Tribunal reasonably concluded that the Board did not commit an abuse of authority by refusing to accept a referee's unexplained request to retract a reference and by relying on that reference; the Federal Court correctly applied reasonableness to that substantive determination and the appeal is therefore dismissed.
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The Federal Court dismissed judicial review of a Tribunal decision that rejected a lay-off complaint as time-barred under the Public Service Staffing Tribunal Regulations.
The Federal Court upheld a tribunal decision dismissing a complaint about reliance on a retracted job reference, finding the result reasonable and procedurally fair.
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