Date: 20110223
Docket: A-74-10
Citation: 2011 FCA 124
CORAM: LÉTOURNEAU J.A.
NADON J.A.
SEXTON J.A.
BETWEEN:
WAYWAYSEECAPPO
FIRST NATION
Appellant
and
STEPHANIE
COOKE
Respondent
Heard at Winnipeg,
Manitoba, on February 23,
2011.
Judgment delivered from the Bench at Winnipeg, Manitoba, on February 23, 2011.
REASONS FOR JUDGMENT OF THE COURT BY: SEXTON
J.A.
Date:
20110223
Docket:
A-74-10
Citation: 2011
FCA 124
CORAM: LÉTOURNEAU
J.A.
NADON
J.A.
SEXTON
J.A.
BETWEEN:
WAYWAYSEECAPPO
FIRST NATION
Appellant
and
STEPHANIE
COOKE
Respondent
REASONS FOR JUDGMENT OF THE
COURT
(Delivered
from the Bench at Winnipeg, Manitoba, on February 23,
2011)
SEXTON J.A.
[1]
We are
unable to conclude that the arbitrator or the motion judge erred in concluding
that the applicant had failed to demonstrate that there had been a
discontinuance of a function within the meaning of section 242(3.1) of the Canada
Labour Code, R.S.C. 1985, c. L-2, as amended.
[2]
The appeal
will therefore be dismissed and the matter will be returned to the adjudicator
for hearing on the issue of unjust dismissal and damages. In view of the very
late filing of the memorandum of fact and law by the respondent, there will be
no order as to costs.
"J.
Edgar Sexton"
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND
SOLICITORS OF RECORD
DOCKET: A-74-10
STYLE OF CAUSE: Waywayseecappo
First Nation v. Stephanie Cooke
PLACE OF HEARING: Winnipeg,
Manitoba
DATE OF HEARING: February 23, 2011
REASONS FOR JUDGMENT OF THE
COURT BY: Létourneau, Nadon and Sexton JJ.A.
DELIVERED FROM THE BENCH BY: Sexton J.A.
APPEARANCES:
|
Norman Boudreau
|
FOR
THE APPELLANT
|
|
Victor Olson
|
FOR
THE RESPONDENT
|
SOLICITORS
OF RECORD:
|
Booth Dennehy LLP
Winnipeg, Manitoba
|
FOR THE APPELLANT
|
|
Merchant Law Group
Winnipeg,
Manitoba
|
FOR THE RESPONDENT
|
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