Date:20010130
Docket:A-370-99
CORAM: STRAYER J.A.
ROTHSTEIN J.A.
MALONE J.A.
BETWEEN:
THE ATTORNEY GENERAL OF CANADA
Applicant
- and -
DAVID VILACA
Respondent
Heard at Toronto, Ontario, Tuesday, January 30, 2001
Judgment delivered from the Bench at Toronto, Ontario,
on Tuesday, January 30, 2001
| REASONS FOR JUDGMENT OF THE COURT PRONOUNCED BY: MALONE J.A. |
Date: 20010130
Docket: A-370-99
CORAM: STRAYER J.A.
ROTHSTEIN J.A.
MALONE J.A.
BETWEEN:
THE ATTORNEY GENERAL OF CANADA
Applicant
- and -
DAVID VILACA
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Toronto,
Ontario, on Tuesday, January 30, 2001)
MALONE J.A.
| _. Following the reasoning of another panel of this Court in The Attorney General of Canada v. Herrera (Docket A-397-99) delivered on January 13, 2001, we are of the view that the learned Umpire erred in law when he found that the information session that the respondent had been scheduled to attend was not an "interview" within the meaning of paragraph 27(1)(d). The information session referred to in the notice to report falls squarely within the definition of interview enunciated by Parliament in subparagraph 27(1)(i). |
| _. We are satisfied there was evidence to support the finding of the Board of Referees that Mr. Vilaca had been duly notified. |
| _. We are all of the opinion that this application should be allowed and a direction issue to the Chief Umpire that the Umpire's decision in CUB44674 should be set aside, and respondent's appeal to the Umpire should be dismissed. |
"B. Malone"
J.A.
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| DOCKET: A-370-99 |
| STYLE OF CAUSE: THE ATTORNEY GENERAL OF CANADA |
Applicant
- and -
DAVID VILACA
Respondent
DATE OF HEARING: TUESDAY, JANUARY 30, 2001
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR JUDGMENT
| OF THE COURT PRONOUNCED BY: MALONE J.A. |
Delivered at Toronto, Ontario on Tuesday, January 30, 2001
APPEARANCES: Derek Edwards
| For the Applicant |
David Vilaca
| For the Respondent, on his own |
| behalf |
| SOLICITORS OF RECORD: Morris Rosenberg |
| Deputy Attorney General of Canada |
| For the Applicant |
| David Vilaca |
4744 Rathkeale Road
Mississauga, Ontario
L5V 1K3
| For the Respondent, on his own behalf |
FEDERAL COURT OF APPEAL
Date: 20010130
Docket: A-370-99
BETWEEN:
| THE ATTORNEY GENERAL OF CANADA |
Applicant
- and -
DAVID VILACA
Respondent
| REASONS FOR JUDGMENT OF |
THE COURT