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
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