Hassall v. Canada ( Attorney General )
T-615-98
McGillis J.
4/2/99
12 pp.
Application for judicial review of Appeal Board decision selection board had properly screened applicants out of closed competition for auditor position in Revenue Canada on basis failed to meet educational requirements of positions-Applicants had successfully taken university accounting course but unable to obtain transcripts of marks prior to completion of screening process as university required about eight weeks to prepare transcript-Application allowed-Applicants actually met all educational requirements for positions prior to closing date of competitions, except for provision of transcript in relation to one course of study-Given applicants' reasonable explanation for inability to provide transcript, Selection Board should have conducted assessment of educational qualifications on basis of other reliable documentation-Rigid adherence of Selection Board to formality resulted in exclusion of two qualified candidates from competitions-Appeal Board adopted same rigid, formalistic approach-Appeal Board erred by failing to appreciate sole purpose for transcript requirement to assist Selection Board in assessing educational qualifications specified in screening criteria-In interpreting requirement as mandatory condition in screening process, Appeal Board further erred by ignoring fundamental question of whether applicants qualified for positions-As result, Appeal Board's violated merit principle in that qualified candidates excluded from competition-Appeal Board decision patently unreasonable.