Benbow v. Canada ( Treasury Board )
T-377-94
Reed J.
16/1/95
5 pp.
Appeal from Public Service Commission Appeal Board (Appeal Board) decision with respect to staffing position pursuant to competition -- Applicant applying for position with Revenue Canada -- Statement of qualifications requiring "ability to apply and interpret . . . related legislation and tax conventions" (requirement) -- Candidates not tested with respect to requirement at competition -- Appeal Board holding Selection Board entitled to infer requirement from candidates' ability to interpret relevant statute and regulations -- Candidates' knowledge of statute and regulations not used by Appeal Board as foundation for positive finding with respect to same candidate of knowledge of related legislation or ability to apply and interpret related legislation -- Within purview of Appeal Board to draw inferences which flow naturally from evidence -- Inference drawn by Appeal Board not necessarily adopted by Selection Board in its process of reasoning -- In context of particular competition, failure to test related legislation not leading to derogation of principle public servants' appointments based on merit -- Application dismissed.