Nowaczek v. Canada ( Attorney General )
T-1230-94
Tremblay-Lamer J.
17/2/95
5 pp.
Application for judicial review of Public Service Commission Appeal Board (Board) refusal to render decision on ground it lacked jurisdiction -- Applicant appealing appointment of position following closed competition-Appellant notified of right to appeal decision and of deadline to advise Public Service Commission (Commission) of intention to appeal -- Deadline falling on Monday following New Year's Day which in turn fell on Saturday -- Applicant advising Commission of intention to appeal by fax on Tuesday -- Board holding appeal untimely and thus Board lacked jurisdiction -- Board correct in finding holiday provision of Ontario Rules of Civil Procedure inapplicable to present proceedings -- Time for appeals pursuant to Act, s. 20 to be strictly interpreted: Court can neither extend nor shorten appeal period -- In normal circumstances applicant required to file appeal by Monday, however administrative decision to close Commission's offices on Monday to observe Saturday's New Year's Day holiday making filing of appeal notice impossible, in effect shortening applicant's appeal period -- Court must allow appeal to ensure applicant getting full fourteen-day appeal period as required by regulation -- Where New Year's Day falling on weekend, holiday may be provided on either Friday before weekend or following Monday; if closure on Friday, appeal period running to Monday; if closure on Monday, appeal period running to Tuesday-Notice informing potential appellant of appeal period length should specify day of deadline -- Public Service Employment Act, R.S.C., 1985, c. P-33, s. 20.