Date: 19981102
Docket: A-122-95
Winnipeg, Manitoba, this 2nd day of November, 1998
PRESENT: THE HONOURABLE THE CHIEF JUSTICE
THE HONOURABLE MR. JUSTICE STRAYER
THE HONOURABLE MR. JUSTICE LINDEN
IN RE: THE CANADA LABOUR CODE
BETWEEN:
PAULINE BIG GEORGE,
Appellant (Applicant),
- and -
BIG ISLAND BAND,
Respondent (Respondent).
JUDGMENT
The appeal is dismissed with costs.
"Julius A. Isaac"
C.J.
Date: 19981102
Docket: A-122-95
CORAM: THE CHIEF JUSTICE
STRAYER J.A.
LINDEN J.A.
IN RE: THE CANADA LABOUR CODE
BETWEEN:
PAULINE BIG GEORGE,
Appellant (Applicant),
- and -
BIG ISLAND BAND,
Respondent (Respondent).
REASONS FOR JUDGMENT
(Delivered from the Bench at Winnipeg, Manitoba on November 2, 1998)
THE CHIEF JUSTICE
1� The appellant having failed to appear at the hearing of this appeal and it having been made to appear to the satisfaction of the Court that the notice of the hearing had been given to the appellant in accordance with the Federal Court Rules, 1998, we are all of the view that the hearing of the appeal should proceed, pursuant to Rule 38 of the Federal Court Rules 1998.
2� We did not call upon counsel for the respondent, since in our view, the appeal from the order of the Motions Judge in the Trial Division was wholly without merit. We will, therefore, dismiss the appeal with costs.
"Julius A. Isaac"
C.J.
Date: 19981102
Docket: A-122-95
CORAM: THE CHIEF JUSTICE
STRAYER J.A.
LINDEN J.A.
IN RE: THE CANADA LABOUR CODE
BETWEEN:
PAULINE BIG GEORGE,
Appellant (Applicant),
- and -
BIG ISLAND BAND,
Respondent (Respondent).
Heard at Winnipeg, Manitoba, on November 2, 1998.
Judgment delivered at Winnipeg, Manitoba, November 2, 1998.
REASONS FOR JUDGMENT BY: THE CHIEF JUSTICE
FEDERAL COURT OF CANADA
APPEAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT NO.: A-122-95
APPEAL FROM A JUDGMENT OF THE TRIAL DIVISION DATED JANUARY 30, 1995 , TRIAL DIVISION FILE NO. T-883-94.
STYLE OF CAUSE: PAULINE BIG GEORGE v. BIG ISLAND BAND
PLACE OF HEARING: Winnipeg, Manitoba
DATE OF HEARING: November 2, 1998
REASONS FOR JUDGMENT
OF THE COURT: THE CHIEF JUSTICE
STRAYER J.A.
LINDEN J.A.
DELIVERED BY: THE CHIEF JUSTICE
DATED: November 2, 1998
APPEARANCES:
Pauline Big George on her own behalf
Mr. Jeffrey Palamar for the Respondent
SOLICITORS OF RECORD:
Pauline Big George
397 Mandalay Drive
Winnipeg, Manitoba
R2P 1E6 on her own behalf
Taylor McCaffrey
Barristers & Solicitors
9th Floor - 400 St. Mary Ave
Winnipeg, Manitoba
R3C 3N9 for the Respondent