Truong v. Canada ( Attorney General )
T-1229-94
Tremblay-Lamer J.
9/3/95
4 pp.
Application for judicial review of Public Service Commission Appeal Board determination no jurisdiction to render decision on merits of case -- Appeals filed against continuous extensions of "acting" appointments -- Issue whether latest extension constituting new "appointment" giving rise to right of appeal -- Applicants submitting extensions of appointments of persons drawn from expired eligibility list rendering extensions new appointments and thus appealable -- Expiration of eligibility list irrelevant as no requirement to proceed by way of competition to make temporary appointment -- Mere extension of acting appointment for four months not amounting to new appointment-However, discrepancy between short-term appointment and actual long-term appointment problematic: appointment not temporary when continuously extended -- Extensions reducing chance best person occupying position as most-qualified person may not apply for short-term job, but would have considered long-term acting appointment -- Supreme Court holding federal department not having to officially create new position in order for new de facto position to exist; and, nine-month assignment creating de facto position as duration placing occupant of position at distinct advantage in any subsequent selection process (Doré v. Canada, [1987] 2 S.C.R. 503) -- Continuous extension herein creating new de facto position -- Application allowed.