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Old 10th Sep 2011, 12:48
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a330pilotcanada
 
Join Date: May 2010
Location: Canada
Age: 73
Posts: 457
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Part 5:

T138010609
, T1390/1609 , T1402/2809, & T1218/4409 for which the August 10,

2011 was rendered
, were held in October and November, 2009 and January, 2010.
3. On August 17
, 2009, the Tribunal directed that the hearing of the complaints
commence in the week of October 5
, 2009 and continue in the week of October 26,

2009
.

4. On September 23
, 2009, the Complainants to the proceeding filed and served a

Notice of
Constitutional Questions in respect of the complaints. Service was made
upon the Respondents
, the Attorney General of Canada and the Attorneys General
of Canada
's Provinces and its Territories.
5. On September 25
, 2009, Air Canada filed in the Federal Court an application for
judicial review of a separate Tribunal decision
, 2009 CHRT 24, a complaint
involving two Air Canada pilots, Mssrs. Vilven and Kelly
, complainants whose
complaints were substantially similar to the complaints filed in the Tribunal
proceeding leading to this Application
, namely complaints regarding mandatory
retirement at age 60.
6. On September 25
, 2009, Air Canada filed with the Tribunal and served upon the
parties to this proceeding a motion to adjourn the scheduled hearing of the
complaints of the Applicants pending the outcome of the judicial review application
in the Vilven-Kelly proceeding. Air Canada cited as grounds for its motion to delay
the scheduled October 5
, 2009 commencement of the hearing of the complaints in
this proceeding
, among other grounds, being provided insufficient notice to
adequately prepare evidence and expert reports in support of a defence to the
constitutional questions
, should the hearing commence as scheduled on October 5,

2009.
7. The Tribunal
, after receiving submissions from all of the parties in respect of the
motion
, issued a direction on October 2, 2009 that stated, in part:

The Tribunal has reviewed in detail the motion and supporting materials of Air
Canada
, the submissions of ACPA in support of Air Canada's motion and the
responding materials and submissions of the complainan
ts; The Tribunal has

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