Federal Court of Appeal - D'Auteuil v. Canada (Attorney General)

[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