A-734-96
CORAM: THE HONOURABLE MR. JUSTICE STONE
THE HONOURABLE MADAME JUSTICE DESJARDINS
THE HONOURABLE MR. JUSTICE MCDONALD
Between:
THE ATTORNEY GENERAL OF CANADA
Applicant
- and -
BARRY WIECZOREK
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Vancouver, British Columbia,
on Monday, September 29, 1997)
STONE, J.A.
While we agree with counsel for the applicant that this is, indeed, a borderline case, we have not been persuaded on the basis of the particular record here before us, including that which was before the Board of Referees, that the Umpire erred in her decision of July 17, 1997. We arrive at this conclusion despite the able argument of counsel for the applicant.
The application will therefore be dismissed.
(Sgd.) "A.J. Stone"
J.A.
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT NO.: A-734-96
STYLE OF CAUSE: THE ATTORNEY GENERAL OF CANADA
- and -
BARRY WIECZOREK
PLACE OF HEARING: Vancouver, BC
DATE OF HEARING: September 29, 1997
REASONS FOR JUDGMENT OF THE COURT BY: STONE, J.A.
CONCURRED IN BY: DESJARDINS, J.A.
MCDONALD, J.A.
DATED: September 29, 1997
APPEARANCES:
Ms. Laura Wanamaker for Applicant
Mr. Barry Wieczorek for Respondent
SOLICITORS OF RECORD:
George Thomson for Applicant
Deputy Attorney General of Canada