Supreme Court of Canada

Perry v. Public Service Commission Appeal Board, [1980] 1 S.C.R. 316

Date: 1980-02-20

Donald E. Perry Appellant;

and

Public Service Commission Appeal Board Respondent.

1980: February 20.

Present: Martland, Ritchie, Dickson, Beetz, Estey, Mclntyre and Chouinard JJ.

ON APPEAL FROM THE FEDERAL COURT OF APPEAL

Judicial review—Public Service—Public Service Commission Appeal Board—Appeal to the Board against a proposed appointment—Appeal allowed without affording the person involved the opportunity to be heard—Federal Court Act, R.S.C. 1970 (2nd Supp.), c. 10, s. 28—Public Service Employment Act, R.S.C. 1970, c. P-32, s. 21.

APPEAL from a judgment of the Federal Court of Appeal[^1] dismissing an application to review and set aside a decision of the Public Service Appeal Board allowing an appeal against the proposed appointment of the appellant to a position in the Public Service. Appeal allowed.

Maurice Wright, Q.C., and Andrew J. Raven, for the appellant.

Walter L. Nisbet, Q.C., for the respondent.

The judgment of the Court was delivered orally by

MARTLAND J.—The appeal is allowed, the judgment of the Federal Court of Appeal and the decision of the Public Service Commission Appeal Board insofar as it relates to the appellant are set aside and the matter is referred back to the Public Service Commission Appeal Board for a new hearing. It is directed that the appellant be given notice of such hearing and be given an opportunity to be heard.

The appellant is entitled to costs.

Appeal allowed with costs.

[Page 317]

Solicitors for the appellant: Soloway, Wright, Houston, Greenberg, O’Grady, Morin, Ottawa.

Solicitor for the respondent: Deputy Attorney General of Canada, Ottawa.

[^1]: 1979 4189 (FCA), [1979] 2 F.C. 57.