Perry v. Public Service Commission Appeal Board

[1980] 1 SCR 316 Court SCC Decision date 1980-02-20 English

PartiesDonald E. Perry Appellant·Public Service Commission Appeal Board Respondent

Counsel (4)

Maurice Wright, Q.C., and Andrew J. Raven, for the appellant.
Walter L. Nisbet, Q.C., for the respondent.
Solicitors for the appellant: Soloway, Wright, Houston, Greenberg, O’Grady, Morin, Ottawa.
Solicitor for the respondent: Deputy Attorney General of Canada, Ottawa.

Judges Martland, Ronald; Ritchie, Roland Almon; Dickson, Robert George Brian; Beetz, Jean; Estey, Willard Zebedee; McIntyre, William Rogers; Chouinard, Julien

Decision 6–1 Majority (6) · MARTLAND J. (1)

On appeal from Federal Court of Appeal

Subjects Administrative law

Contents

Majority

The judgment of the Court was delivered orally by

MARTLAND J.

MARTLAND J.—The appeal is allowed, the judgment of the Federal Court of Appeal and the decision of the Public Service Commission Appeal Board insofar as it relates to the appellant are set aside and the matter is referred back to the Public Service Commission Appeal Board for a new hearing. It is directed that the appellant be given notice of such hearing and be given an opportunity to be heard.

The appellant is entitled to costs.

Appeal allowed with costs.

[Page 317]

Solicitors for the appellant: Soloway, Wright, Houston, Greenberg, O’Grady, Morin, Ottawa.

Solicitor for the respondent: Deputy Attorney General of Canada, Ottawa.

Footnotes

[1] [1979] 2 F.C. 57.