Incident at 50 38 N 55 35 W (ATS operating irregularity)

1997-03-20: The B757, Elite (CMM) 2317,was at FL350 on a westbound routing of Baree to Dotty. The B747, Virgin Atlantic,(VIR) 004 was also at FL350 on a westbound routing of Topps to Redby. Both were on crossing flight paths. The Gander controller seing possible traffic conflict issued a turn to CMM 2317. Then CMM 2317 requested a climb to FL370, rather than turn. The gander controller re-issued a clearance for CMM 2317 to clmb to FL370. A loss of separation occurred when CMM 2317 passed within 4.2 NM of VIR 004. The captain of CMM 2317 later reported that he had a TCAS alert and the co-pilot had the other aircraft visual. The controller reported his intention was to vector CMM 2317 behind VIR004 but when he re-issued the clearence CMM 2317 did not climb fast enough to avoid the loss of separation.