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Date:
20070123
Docket: A-90-06
Citation: 2007 FCA 58
CORAM: SEXTON J.A.
EVANS J.A.
PELLETIER
J.A.
BETWEEN:
DONALD
VOGAN
Appellant
and
ATTORNEY
GENERAL OF CANADA
Respondent
Heard at Ottawa,
Ontario, on January 23,
2007.
Judgment delivered from the Bench at Ottawa, Ontario, on January 23, 2007.
REASONS FOR JUDGMENT OF THE COURT BY: SEXTON
J.A.
Date:
20070123
Docket: A-90-06
Citation: 2007
FCA 58
CORAM: SEXTON
J.A.
EVANS
J.A.
PELLETIER
J.A.
BETWEEN:
DONALD VOGAN
Appellant
and
ATTORNEY
GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT OF THE
COURT
(Delivered
from the Bench at Ottawa, Ontario, on January 23, 2007)
SEXTON J.A.
[1]
The
appellant appeals from the decision of Justice Layden-Stevenson of the Federal
Court who dismissed the appellant's application to set aside a decision of the
Public Service Commission which had refused the appellant's request to re-open
an investigation into the employment of two individuals with the Department of
National Defence. The complaints related to events which took place
approximately 13 years ago.
[2]
Specifically,
investigations had been completed by the Public Service Commission in 1993 and
1994 into two of the three complaints and the appellant's complaints were held
to be unfounded. The appellant had not requested an investigation of his
complaint with the third person.
[3]
The
learned Trial Judge, in a careful and reasoned way, examined the evidence and
arguments of the appellant and concluded that the appellant could not succeed.
[4]
While
we have no doubt that the appellant is sincere in his belief that more
investigation is required, nevertheless, substantially for the reasons given by
the learned Motion Judge we are of the view that the Public Service Commission
committed no reviewable error.
[5]
The
appeal should therefore be dismissed with costs.
"J. Edgar Sexton"
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-90-06
APPEAL FROM A JUDGMENT OR ORDER OF THE
FEDERAL COURT DATED FEBRUARY 6, 2006, DOCKET NO. T-1156-05
STYLE OF CAUSE: DONALD
VOGAN v. ATTORNEY GENERAL OF CANADA
PLACE OF HEARING: Ottawa, Ontario
DATE OF HEARING: January 23, 2007
REASONS FOR JUDGMENT OF THE COURT BY: Sexton, Evans, Pelletier JJ.A.
DELIVERED FROM THE BENCH BY: Sexton J.A.
APPEARANCES:
Mr. Donald Vogan
|
APPELLANT ON HIS OWN BEHALF
|
Mr. J.
Sanderson Graham
|
FOR THE RESPONDENT
|
SOLICITORS OF RECORD:
Mr. Donald Vogan
Battersea, Ontario
|
APPELLANT ON
HIS OWN BEHALF
|
John H. Sims,
Q.C.
Deputy Attorney General of Canada
|
FOR THE
RESPONDENT
|