Date: 20050920
Docket: A-19-05
Citation: 2005 FCA 305
CORAM: RICHARD C.J.
BETWEEN:
ISABELLE D'AUTEUIL
Appellant
and
THE ATTORNEY GENERAL OF CANADA AND
MARIE-CLAUDE MARQUIS
Respondents
Heard at Ottawa, Ontario, on September 20, 2005.
Judgment delivered from the Bench at Ottawa, Ontario, on September 20, 2005.
REASONS FOR JUDGMENT OF THE COURT BY: NADON J.A.
Date: 20050920
Docket: A-19-05
Citation: 2005 FCA 305
CORAM: RICHARD C.J.
BETWEEN:
ISABELLE D'AUTEUIL
Appellant
and
THE ATTORNEY GENERAL OF CANADA AND
MARIE-CLAUDE MARQUIS
Respondents
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Ottawa, Ontario, on September 20, 2005)
[1] This is an appeal from a decision of Noël J. of the Federal Court, 2004 FC 1762, dated December 21, 2004 dismissing the appellant's judicial review application of a decision of the Public Service Commission Appeal Board, file no. 03-DFO-00605.
[2] As we are satisfied that the Appeal Board's assumption, that neither the appellant nor the three other candidates on the eligibility list would have accepted the appointment to the term position, cannot be characterized as being unreasonable, which view found favour with Noël J., we are all agreed that this appeal must be dismissed with costs in favour of the Attorney General of Canada.
"M. Nadon"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-19-05
(APPEAL FROM AN ORDER OF THE FEDERAL COURT DATED DECEMBER 21, 2004 (T-2121-03)
STYLE OF CAUSE: Isabelle D'auteuil v. The Attorney General of Canada and Marie-Claude Marquis
PLACE OF HEARING: Ottawa, Ontario
DATE OF HEARING: September 20, 2005
REASONS FOR JUDGMENT
OF THE COURT BY: Richard C.J., Décary J.A., Nadon J.A.
DELIVERED FROM THE
BENCH BY: Nadon J.A.
APPEARANCES:
|
Ms. Michelle Flaherty |
FOR THE APPELLANT |
|
Mr. Alex Kaufman |
FOR THE RESPONDENTS |
SOLICITORS OF RECORD:
|
Sack Goldblatt Mitchell Ottawa, Ontario |
FOR THE APPELLANT
|
|
Mr. John H. Sim, Q.C. Deputy Attorney General of Canada Ottawa, Ontario |
FOR THE RESPONDENTS |