Date: 20010213
Docket: A-194-99
CORAM: ROTHSTEIN, J.A.
SHARLOW, J.A.
MALONE, J.A.
BETWEEN:
VINCENZO LETIZIA
Applicant
- and -
NATIONAL AUTOMOBILE, AEROSPACE, TRANSPORTATION
AND GENERAL WORKERS UNION OF CANADA
(CAW-CANADA), LOCAL 101 and
CANADIAN PACIFIC RAILWAY COMPANY
Respondents
Heard at Calgary, Alberta, on Tuesday, the 13th day of February, 2001.
Delivered from the Bench at Calgary, Alberta, on Tuesday, the 13th day of February, 2001.
REASONS FOR ORDER OF THE COURT BY: ROTHSTEIN, J.A.
Date: 20010213
Docket: A-194-99
Neutral Citation: 2001 FCA 16
CORAM: ROTHSTEIN, J.A.
SHARLOW, J.A.
MALONE, J.A.
BETWEEN:
VINCENZO LETIZIA
Applicant
- and -
NATIONAL AUTOMOBILE, AEROSPACE, TRANSPORTATION
AND GENERAL WORKERS UNION OF CANADA (CAW-CANADA),
LOCAL 101 and CANADIAN PACIFIC RAILWAY COMPANY
Respondents
REASONS FOR ORDER
(Delivered from the Bench at Calgary, Alberta
on Tuesday, February 13, 2001)
ROTHSTEIN, J.A.
| _. Despite the able submissions of counsel for the applicant, we are unable to conclude that the decisions of the Canada Industrial Relations Board dated March 9, 1999 and July 20, 1999 dismissing the applicant's complaint under s. 37 of the Canada Labour Code were patently unreasonable. |
| _. It follows that this application for judicial review must be dismissed. National Automobile Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) Local 101 is entitled to costs in the sum of $750.00 inclusive of disbursements. Canadian Pacific Railway Company is entitled to costs in the sum of $750.00 inclusive of disbursements. |
"Marshall E. Rothstein"
J.A.
FEDERAL COURT OF CANADA
FEDERAL COURT OF APPEAL
Date: 20010213
Docket: A-194-99
BETWEEN:
VINCENZO LETIZIA
Applicant
- and -
| NATIONAL AUTOMOBILE, AEROSPACE, |
TRANSPORTATION AND GENERAL
WORKERS UNION OF CANADA
(CAW-CANADA), LOCAL 101 and
CANADIAN PACIFIC RAILWAY COMPANY
Respondents
REASONS FOR ORDER
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-194-99
| STYLE OF CAUSE: VINCENZO LETIZIA v. NATIONAL AUTOMOBILE, AEROSPACE, TRANSPORTATION AND GENERAL WORKERS |
UNION OF CANADA (CAW-CANADA), LOCAL
101 and CANADIAN PACIFIC RAILWAY
COMPANY
PLACE OF HEARING: CALGARY, Alberta
DATE OF HEARING: February 13, 2001
REASONS FOR ORDER BY ROTHSTEIN, J.A.
DATED: FEBRUARY 13, 2001
APPEARANCES:
Mr. Adam R. Singer FOR THE APPELLANT
Mr. Kyle Kanee FOR THE RESPONDENT
| CAW-Canada Legal |
| Department, N.A.T.T. and G.W. Union of Canada Local 101 |
| Mr. Marc Shannon FOR THE RESPONDENT |
| Canadian Pacific Railway |
Company
- 2 -
SOLICITORS OF RECORD:
Zenith Hookenson
Calgary, Alberta FOR THE APPELLANT
| CAW -Canada Legal Dept. FOR THE RESPONDENT |
| Toronto, Ontario CAW-Canada Legal |
Department, N.A.T.T. and
G.W. Union of Canada
Local 101
| Canadian Pacific Railway Company FOR THE RESPONDENT |
| Calgary, Alberta Canadian Pacific |
Railway Company