Federal Court


Tribunal justified in weighing evidence as it did


Tribunal justified in weighing evidence as it did

Application by applicant for judicial review of decision of Public Service Staffing Tribunal dismissing applicant’s complaint regarding abuse of authority in appointment process for lack of jurisdiction based on Public Service Employment Act (Can.). Application dismissed. Decision of tribunal dismissing complaint did not amount to failure to exercise jurisdiction, breach of natural justice or procedural fairness by not providing oral hearing, or unreasonableness in determination that there was no appointment or proposed appointment. Tribunal was justified in weighing evidence as it did to find that it should dismiss complaint because of jurisdictional considerations in relation to appointment or deployment. Tribunal was entitled to deference in its determination regarding facts.

Boshra v. Canada (Attorney General) (June 4, 2012, F.C., Near J., File No. T-789-10) 216 A.C.W.S. (3d) 915 (18 pp.).

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