View cases - Stewart McKelvey

Page: 113so without producing evidence to back it up. The Tribunal went on to note that Captain Duke hadtestified that, with some cooperation from the union, the necessary changes to the workplace rulescould indeed be made.[437] The Tribunal was clearly satisfied that this was a matter that could be worked out betweenAir Canada and ACPA. As the Tribunal observed, Captain Duke himself had testified that “We arebeing pushed into a new world here and we are going together in this, so we have to make it workfor everyone”: transcript, at p. 1438.2011 FC 120 (CanLII)[438] The Tribunal went on to note that “Presumably as a co-respondent and prompted by theTribunal's decision, Air Canada would be motivated to cooperate in this process: see Tribunaldecision #2, at paras. 153-154. As a matter of law, ACPA would also have an obligation to “make itwork”: see Renaud, above.[439] The Tribunal accepted Captain Duke’s evidence on a second point, namely that the post-November 2006 ICAO standards prevented Air Canada from using Captains over the age of 65 onits international flights. I do not understand Messrs. Vilven and Kelly to dispute this finding.[440] The Tribunal did not address Captain Duke’s evidence as it related to Air Canada’s ability tohave Captains over the age of 65 fly purely domestic routes, as Messrs. Vilven and Kelly had eachindicated that they wanted to continue flying internationally. No issue was taken with respect to thispoint by Air Canada.