Case information
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37069
Paul Abi-Mansour v. Deputy Minister of Foreign Affairs and International Trade Canada
(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) |
|---|---|---|
| 2017-02-20 | Close file on Leave | |
| 2017-02-20 | Correspondence (sent by the Court) to, all parties, re: certificate of taxation and cover letter | |
| 2017-02-20 | Certificate of taxation issued to, Ms. Christine Langill | |
| 2017-02-20 | Decision on the bill of costs, in the amount of $381.45, Reg | |
| 2017-02-20 | Submission of the bill of costs, Reg | |
| 2017-01-12 | Bill of costs, Completed on: 2017-01-12 | Deputy Minister of Foreign Affairs and International Trade Canada |
| 2016-11-23 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2016-11-23 | Judgment on leave sent to the parties | |
| 2016-11-10 |
Decision on motion to extend time to file and /or serve the leave application, The motion for an extension of time to serve and file the application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-426-13, 2015 FCA 135, dated May 29, 2015, is dismissed with costs. Had the motion for an extension of time to serve and file the application for leave to appeal been granted, the motion for an extension of time to serve and file the reply and the motion to dispense from compliance would have been granted. The application for leave to appeal would also have been dismissed. Dismissed, with costs |
|
| 2016-10-03 | All materials on application for leave submitted to the Judges, Mo Côt Br | |
| 2016-10-03 | Submission of motion to extend time, Mo Côt Br | |
| 2016-10-03 | Submission of motion to extend time to file and/ or serve the leave application, Mo Côt Br | |
| 2016-08-19 | Motion to extend time, (Letter Form), (Included in the applicant's reply to respondent's argument), To file and serve the reply, Completed on: 2016-08-19 | Paul Abi-Mansour |
| 2016-08-19 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2016-08-19 | Paul Abi-Mansour |
| 2016-07-21 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-07-21) | Deputy Minister of Foreign Affairs and International Trade Canada |
| 2016-07-21 | Response to the motion to extend the time to file and / or serve the leave application, (Included in the respondent's response on the application for leave to appeal), Completed on: 2016-07-21 | Deputy Minister of Foreign Affairs and International Trade Canada |
| 2016-07-21 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2016-07-21, (Electronic version filed on 2016-07-21) | Deputy Minister of Foreign Affairs and International Trade Canada |
| 2016-06-17 | Letter advising parties of a complete application for leave to appeal, File opened on 2016-06-17 | |
| 2016-06-16 | Letter acknowledging receipt of an application for leave to appeal | |
| 2016-06-15 | Supplemental document, Appeal Book (3 copies) | Paul Abi-Mansour |
| 2016-06-15 | Correspondence received from, Fee waiver request | Paul Abi-Mansour |
| 2016-06-15 | Certificate (on limitations to public access), (Included in the application for leave to appeal) | Paul Abi-Mansour |
| 2016-06-15 | Motion to extend the time to file and or serve the application for leave to appeal, (Included in the application for leave to appeal), Includes a motion to dispense the number of copies of the appeal book, Completed on: 2016-06-15 | Paul Abi-Mansour |
| 2016-06-15 | Application for leave to appeal, Fee waiver granted by the Registrar on 2016-06-17, Completed on: 2016-06-15 | Paul Abi-Mansour |
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 |
|---|---|---|
| Abi-Mansour, Paul | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Deputy Minister of Foreign Affairs and International Trade Canada | Respondent | Active |
Counsel
Party: Abi-Mansour, Paul
This party is not represented by counsel.
Party: Deputy Minister of Foreign Affairs and International Trade Canada
Counsel
140 O'Connor Street, 12th Floor
L'Esplanade Laurier, East Tower
Ottawa, Ontario
K1A 0R5
Telephone: (613) 404-7116
FAX: (613) 954-5806
Email: christine.langill@tbs-sct.gc.ca
Agent
50 O'Connor Street, Suite 500, Room 557
Ottawa, Ontario
K1A 0H8
Telephone: (613) 670-6290
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Summary
Keywords
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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.
Public Service – Complaints – Internal appointments – Abuse of authority – Whether Public Service Staffing Tribunal erred in dismissing applicant’s complaints – Public Service Employment Act, SC 2003, c. 22, ss. 12, 13, s. 77(1)(a).
Mr. Abi-Mansour, applicant, applied for an information technology position with the Department of Foreign Affairs and International Trade. The job opportunity advertisement required applicants to include a cover letter demonstrating how they met the education and experience requirements for the job, and indicated that resumes could be used as secondary sources to validate the information provided in the cover letter. The advertisement also specified that a failure to provide the required information in the proper form would result in the rejection of the application. In his job application, Mr. Abi-Mansour did not mention his education in his cover letter and he did not explain that his degree in applied mathematics included an option in computer science. As a result, he was screened out. Mr. Abi-Mansour made several complaints to the Public Service Staffing Tribunal (now called the Public Service Labour Relations and Employment Board), alleging abuse of authority by the Department. Specifically, he argued that the Department discriminated against him in the application process, failed to apply organizational requirements, and appointed candidates who did not meet the education requirements for the position. The Tribunal dismissed the complaints. The Federal Court dismissed Mr. Abi-Mansour’s application for judicial review, and the Federal Court of Appeal dismissed his appeal.
Lower court rulings
Federal Court
T-868-12, 2013 FC 1170
Application for judicial review dismissed
Federal Court of Appeal
A-426-13, 2015 FCA 135
Appeal dismissed
Memorandums of argument on application for leave to appeal
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Factums on appeal
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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.
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