Federal Court Decision #A-370-99 - THE ATTORNEY GENERAL OF CANADA v. DAVID, VILACA

JUDGMENT OF THE FEDERAL COURT OF APPEAL

Date:
20010130

Docket:
A-370-99

Umpire's Decision:
CUB 44674

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.

REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Toronto, Ontario,
on Tuesday, January 30, 2001)

MALONE J.A.:

[1] 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).

[2] We are satisfied there was evidence to support the finding of the Board of Referees that Mr. Vilaca had been duly notified.

[3] 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 CUB 44674 should be set aside, and respondent’s appeal to the Umpire should be dismissed.

"B. Malone"

J.A.