O'Brien v. Canada ( Attorney General )

A-291-91

Décary J.A.

16/4/93

Application to set aside Appeal Board decision allowing appeals against selections for employment -- Selection board asking situational question, intending to verify answers by drawing from other information available from other candidates[cad 211]Notwithstanding clear evidence verification not done, Appeal Board concluding selection board had done verification and concluded situational question not contravening merit principle -- Allowed appeals on other grounds relating solely to knowledge -- Respondent arguing Court can only review appeal board's final decision or order, or order made during course of proceedings if it is one tribunal mandated to make and one from which legal rights and obligations flow, not reasons for decision -- Application allowed -- Review of cases extending applicability of doctrine of issue estoppel to proceedings before statutorily established administrative tribunals -- Appeal Board's treatment of situational question issue justifying judicial intervention, absent which doctrine of issue estoppel would prevent applicants from relitigating question in subsequent s. 21 appeal proceedings even though might be prejudiced by Appeal Board's erroneous decision -- Appeal Board directed to allow appeals on additional ground failure to verify information given in answers to situational question violated merit principle -- Public Service Employment Act, R.S.C., 1985, c. P-33, ss. 10, 21 -- Federal Court Act, R.S.C., 1985, c. F-7, s. 28.