Hnatiuk v. Canada ( Treasury Board )
T-2064-92
Gibson J.
12/7/93
8 pp.
Application for review of decision of Public Service Commission Appeal Board dismissing appeal against appointment to position of Communications Engineering Manager within Transport Canada-Applicant not achieving acceptable minimum rating on "knowledge"-Chairperson unable to conclude bias evident in assessment of applicant against knowledge qualification for position-Competition herein "closed competition" under Public Service Employment Act, s. 21(1) -- "Reasonable apprehension of bias" insufficient to support conclusion merit principle contravened -- "Knowledge" component of process very important -- Evaluation of "knowledge" in selection process very subjective exercise-Evidence of actual bias not apparent on face of record alone, but sufficient evidence to support finding process not carried out in manner calculated to identify most meritorious candidate-Application allowed in part-Public Service Employment Act, R.S.C., 1985, c. P-33, s. 21(1).