Analysis generic and akin to rubber stamp

Federal court | Employment


Analysis generic and akin to rubber stamp

Application for judicial review of three decisions made by Decision Reviewer of CRA. Applicants made allegations of arbitrary treatment after they were unsuccessful in promotional process at CRA. Decision reviewer did not find any evidence of arbitrary treatment in selection process. Application allowed. Reasons inadequate. Analysis conducted by Decision Reviewer confined to sentence in which she expressed that applicants provided insufficient analysis in their Portfolios of Technical Competencies. Analysis generic and akin to rubber stamp. Nothing to suggest that allegations of applicants seriously considered. Notes of Decision Reviewer raised further concerns instead of clarifying reasons or expressing basis for decisions. Notes revealed Decision Reviewer found some of the worksheet comments of the Technical Competency Assessors to be questionable. Several e-mails in which Decision Reviewer expressed that requests for decision review might represent arbitrary decisions. Nothing to indicate how Decision Reviewer resolved issues presented by applicants or uncovered by her own review to come to conclusion TCA’s were reasonable in awarding scores.

D’Urzo v. Canada Revenue Agency
(July 28, 2011, F.C., Near J., File No. T-591-10) 205 A.C.W.S. (3d) 979 (19 pp.).

Free newsletter

Our newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please enter your email address below to subscribe.

Recent articles & video

Disability claims involving toxic workplace allegations surge with return to office: injury lawyer

Finalizing divorce should not bar subsequent civil claim for sexual assault: lawyer Kevin McLaren

Cecile Applegate appointed as regional senior justice to the Ontario Court of Justice

Ontario Superior Court overturns arbitrator’s award in homebuyers’ contract dispute

Ontario Superior Court adjourns motion to add insurer as defendant in personal injury case

What to do if you’re a passenger in a car accident in Ontario

Most Read Articles

Recent Canadaland-WE Charity ruling example of anti-SLAPP 'misuse' says lawyer

Convocation: benchers approve research funding to underpin renewed equity agenda

Ontario Superior Court rejects plaintiff's bid for a simplified procedure in a car collision case

Ontario Superior Court enforces arbitral award despite improper notice claim