Hilton v. Canada ( Attorney General )
T-223-97
Reed J.
12/1/98
7 pp.
Application for order of prohibition to prevent Board of Inquiry from enquiring into whether applicant qualified for PM-04 position with Department of Indian and Northern Affairs to which she had been appointed-Applicant performed job well but did not have academic qualifications she had claimed to have when applied for PM-04 position-Accepted demotion to PM03 position, five-day suspension-Shortly after, applicant withdrew consent to demotion-As result of withdrawal of consent, Public Service Commission established Board of Inquiry, jurisdiction of which is challenged herein-Issue not whether private law rules (common law rules) apply-Respondent accepted applicant's withdrawal of consent to demotion, put in place procedure provided by statute for resolution of dispute-Employee's withdrawal of consent not preventing further action by employer-Board has authority to recommend appointment be revoked-Also has authority to recommend reappointment to position for which she qualifies-Misrepresentation type of conduct that breaks trust relationship essential to employee/employer relationship-Applicant's situation not excusing misconduct or altering applicable legal rules-Application dismissed.