Cahill v. Canada
T-433-92
Dubé J.
27/10/92
3 pp.
Whether Public Service Commission and Department of Secretary of State in breach of Public Service Official Languages Appointment Regulations for failing to appoint plaintiff pursuant to s. 5 following failure to meet language requirements after language training -- S. 5 providing for indeterminate appointment to position of similar occupational nature, level and salary as bilingual position when fails to meet language requirements within specified time -- Requirements of R. 474 set out in Berneche v. Canada, [1991] 3 F.C. 383 (C.A.) -- Application dismissed -- Disputed questions of fact -- Determination not involving pure question of law, but of mixed law and fact -- Parties disagreeing as to similarity of positions, whether indeterminate status maintained, when exception period ended, effect of leave of absence -- As Court required to hear evidence to determine factual issues, not expedient to proceed by R. 474 -- Federal Court Rules, C.R.C., c. 663, R. 474 -- Public Service Official Languages Appointment Regulations, SOR/81-787, s. 5 -- Public Service Employment Act, R.S.C., 1985, c. P-33.