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Date: 19990428 Docket: A-732-97 A-733-97 CORAM: LINDEN J.A. ROTHSTEIN J.A. MCDONALD J.A. A-732-97 BETWEEN: KULDIP SINGH DHALIWAL, Applicant, - and - HER MAJESTY THE QUEEN, Respondent. A-733-97 AND BETWEEN: BALWINDER KAUR DHALIWAL, Applicant, - and - HER MAJESTY THE QUEEN, Respondent. Heard at Vancouver, British Columbia on April 28, 1999 Judgment delivered at Vancouver, British Columbia on April 28, 1999 REASONS FOR JUDGMENT BY: LINDEN J.A. Date: 19990428 Docket: A-732-97 A-733-97 CORAM: LINDEN J.A.
A-732-97 BETWEEN: KULDIP SINGH DHALIWAL, Applicant, - and - HER MAJESTY THE QUEEN, Respondent. A-733-97 AND BETWEEN: BALWINDER KAUR DHALIWAL, Applicant, - and - HER MAJESTY THE QUEEN, Respondent. REASONS FOR JUDGMENT (Delivered orally in Vancouver, British Columbia, April 28, 1999) LINDEN J.A. [1] In our view, on the only issue being contested in these appeals, that is the alleged denial of natural justice, there is no basis for interfering with the decisions of the umpire. The Board of Referees being reviewed by him exercised its discretion to refuse another adjournment based on the particular facts of these cases. We can see no reasons for interference. [2] In Siloch v. Minister of Employment and Immigration1, the case relied on by counsel, the applicant was present at a scheduled hearing, but without counsel who was supposed to attend, but did not. Here no one appeared at the hearing, but an adjournment was sought at the last minute by telephone call and fax. The Board was not required on these facts and in the light of the history of these cases in which an adjournment had already been granted on the condition that no further adjournments would be granted. [3] These applications will be dismissed. (Sgd.) "A.M. Linden" J.A. Vancouver, British Columbia 28 April 1999 FEDERAL COURT OF APPEAL Date: 19990428 Docket: A-732-97 A-733-97 A-732-97 BETWEEN: KULDIP SINGH DHALIWAL, Applicant, - and - HER MAJESTY THE QUEEN, Respondent. A-733-97 AND BETWEEN: BALWINDER KAUR DHALIWAL, Applicant, - and - HER MAJESTY THE QUEEN, Respondent.
REASONS FOR JUDGMENT
FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DATED: April 28, 1999 COURT NO.: A-732-97 and A-733-97 STYLE OF CAUSE: (A-732-97) Kuldip Singh Dhaliwal v. AGC and (A-733-97) Balwinder Kaur Dhaliwal v. HMQ PLACE OF HEARING: Vancouver, BC DATE OF HEARING: April 28, 1999 REASONS FOR JUDGMENT OF THE COURT BY: LINDEN J.A. CONCURRED IN BY: ROTHSTEIN J.A. MCDONALD J.A. APPEARANCES: Mr. A. MacLean for the applicant Ms. L. Wanamaker for the respondent SOLICITORS OF RECORD: Schroeder & Co. for the applicant Barristers and Solicitors
Morris Rosenberg for the respondent Deputy Attorney General of Canada __________________ |
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