Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
30722
Jacques Nault v. Public Service Commission of Canada - Recourse Division, et al.
(Federal) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2006-01-11 | Close file on Leave | |
| 2005-12-16 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2005-12-16 | Judgment on leave sent to the parties | |
| 2005-12-15 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-11-03, 2004 FCA 350, dated October 18, 2004, is dismissed with costs. Dismissed, with costs |
|
| 2005-10-31 | All materials on application for leave submitted to the Judges, CJ Bi Cha | |
| 2005-09-20 | Respondent's response on the application for leave to appeal, Completed on: 2005-09-20 | Public Service Commission of Canada - Recourse Division |
| 2005-08-23 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2005-08-22 | Court of Appeal casebooks and transcripts of evidence, (Appellant's record vol. I & II - 3 copies) | |
| 2005-08-22 | Application for leave to appeal, (2 volumes), Completed on: 2005-08-22 | Jacques Nault |
| 2005-07-21 | Order on motion to extend the time to file and/or serve the leave application, BY FISH J. | |
| 2005-07-21 |
Decision on motion to extend time to file and /or serve the leave application, F, À LA SUITE D'UNE DEMANDE du demandeur visant à proroger, conformément à la Règle 64, le délai imparti pour signifier et déposer une demande d'autorisation d'appel; ET APRÈS AVOIR PRIS CONNAISSANCE de la documentation déposée; IL EST PAR LA PRÉSENTE ORDONNÉ CE QUI SUIT: La demande de prorogation de délai pour déposer et signifier la demande d'autorisation d'appel est accordée jusqu'au 22 août 2005. Granted |
|
| 2005-07-19 | Submission of motion to extend time to file and/ or serve the leave application, F | |
| 2005-07-12 | Correspondence received from, Mr. Nault dated July 10/05 | Jacques Nault |
| 2005-04-27 | Response to the motion to extend the time to file and / or serve the leave application, (by e-mail) from C. Rupar; will take no position, Completed on: 2005-04-27 | Public Service Commission of Canada - Recourse Division |
| 2005-04-08 | Motion to extend the time to file and or serve the application for leave to appeal, Completed on: 2005-04-08 | Jacques Nault |
| 2005-03-21 | Letter and notice pursuant to Rule 64 sent to, (All parties) | |
| 2004-12-14 | Motion to extend the time to file and or serve the application for leave to appeal, (3 copies), Completed on: 2005-08-22 | Jacques Nault |
| 2004-12-14 | Notice of application for leave to appeal | Jacques Nault |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Nault, Jacques | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Public Service Commission of Canada - Recourse Division | Respondent | Active |
| Ministry of Public Works and Government Services | Respondent | Active |
Counsel
Party: Nault, Jacques
This party is not represented by counsel.
Party: Public Service Commission of Canada - Recourse Division
Counsel
Département de Justice
284, rue Wellington, S.A.T. 6046
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-8283
FAX: (613) 952-6006
Agent
Bank of Canada Building - East Tower
216 - 234 Wellington Street
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: Christopher.Rupar@justice.gc.ca
Party: Ministry of Public Works and Government Services
Counsel
Département de Justice
284, rue Wellington, S.A.T. 6046
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-8283
FAX: (613) 952-6006
Agent
Bank of Canada Building - East Tower
216 - 234 Wellington Street
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: Christopher.Rupar@justice.gc.ca
Summary
Keywords
None.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
In December 1999, the Department of Public Works and Public Services (“PWGSC”) initiated a staffing process to fill about 40 financial analyst and financial systems analyst positions. On March 29, 2000, the applicant made four job applications. Because of time constraints, PWGSC deemed it preferable to invite certain candidates to write exams even though their applications had not yet been checked to see if they had the required level of experience. PWGSC therefore sent these candidates, including the applicant, a letter inviting them to write the exams. On May 27, 2000, the applicant wrote the exams. Between May 27 and the beginning of August 2000, PWGSC corrected the general competency tests, reviewed each application and made sure that all experience requirements had been met. At this stage, the applicant’s application was rejected despite his result on the exam. Since he did not meet the experience requirements, his exam results became moot. On November 6, 2000, the applicant received a letter with his results and an explanation of the screening criteria used. On November 17, 2000, the applicant filed a request for investigation with the Commission’s Recourse Branch (the “Branch”) to have the handling of his competition applications reviewed. On November 23, 2000, the Branch confirmed receipt of the request for investigation and notified the applicant that it would investigate the matter. On March 6, 2001, the Branch notified the applicant in writing that an investigation meeting would be held on March 30, 2001. On March 28, 2001, the applicant and the investigator were sent PWGSC’s reply to the applicant’s allegations, in which PWGSC maintained that, of the four required experience-related criteria, only one had been met, namely, experience working with systems and in the maintenance, analysis or development of financial systems.
Lower court rulings
Federal Court of Canada, Trial Division
T-899-01, 2002 CFPI 1297
Demande de contrôle judiciaire de la décision de la commission de la fonction publique présentée par le demandeur en vertu de l'article 18.1 de la Loi sur la cour fédérale rejetée
Federal Court of Appeal
A-11-03, 2004 CAF 350
Appel rejeté
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available