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 complainants; The Tribunal has
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