ADMINISTRATIVE LAW Judicial Review
Remedies
Judicial review seeking order of mandamus requiring Canada Revenue Agency (CRA) to assign applicant to permanent AU‑04 position pursuant to Independent Third Party Reviewer’s (Reviewer) decision—Applicant, AU‑03 level employee with CRA, applied for AU‑04 position but not selected —Reviewer upholding complaint of arbitrariness, inconsistency with CRA’s staffing principles of fairness, transparency—Reviewer’s decision made pursuant to respondent’s Staffing Program and Directives on Recourse for Staffing enacted pursuant to legislation—Respondent having public legal duty to implement decision—Balance of convenience favouring granting of order of mandamus since applicant proving existence of public legal duty, pursuing respondent’s governing processes for staffing review—Application allowed.
Burstyn v. Canada (Revenue Agency) (T‑1085‑06, 2007 FC 822, Heneghan J., order dated 7/8/07, 17 pp.)