Azeroual v. Canada ( Attorney General )
T-2253-95
Richard J.
28/3/96
7 pp.
Practice-Application for judicial review of Appeal Board decision dismissing appeal by applicant against selections made for appointment in closed competitions to position of Grain Weigher, on basis appeal not brought within prescribed period-Application dismissed-Public Service Employment Act, s. 21 provides every unsuccessful candidate may, within period prescribed by Regulations, appeal to Board against appointment-Appeal must be brought within fourteen days after notice given under Public Service Employment Regulations, s. 20-Applicant's appeal documents mailed two days after expiration of period-On authority of Lalancette v. Public Service Commission Appeal Board, [1982] 1 F.C. 435 (C.A.), right of appeal only available when exercised within period prescribed by Commission-Appeal brought as soon as notice of appeal mailed-In present case, appellant in position to send appeal documents within prescribed time-Not prejudiced by failure to obtain document of appeal until two days before expiry of appeal period, nor by mistaken belief that post-Board interview must be completed before appeal could be brought.-Public Service Employment Act, R.S.C., 1985, c. P-34, s. 21 (as am. by S.C. 1992, c. 54, s. 16)-Public Service Employment Regulations, SOR/93-286, s. 20.