PUBLIC SERVICE
Selection Process
Competitions
Judicial review of decision by Chairperson of Public Service Appeal Board granting respondent’s appeal from appointment— Respondent erroneously given less time than other candidates to write test—Subsequently given time to review test—Appeal Board allowing appeal on grounds respondent not assessed on same standards as other candidates—Unreasonable to expect respondent to object to testing process prior to being informed had been screened out of competition—Failure to object not equivalent to legal principle of waiver—Application dismissed.
Canada (Attorney General) v. Clegg (T‑340‑07, 2007 FC 940, Kelen J., judgment dated 21/9/07, 17 pp.)