BETWEEN:
AIR CANADA, JAZZ AIR LP, as represented by its general partner, Jazz Air
Holdings GP Inc. carrying on business as Air Canada Jazz and WEST JET
and
CANADIAN TRANSPORTATION AGENCY and
THE ESTATE OF ERIC NORMAN, JOANNE NEUBAUER and
the COUNCIL OF CANADIANS WITH DISABILITIES
Dealt with in writing without appearance of parties.
Order delivered at Ottawa, Ontario, on May 5, 2008.
REASONS FOR ORDER BY: PELLETIER J.A.
Docket: 08-A-11
Citation: 2008 FCA 169
Present: PELLETIER J.A.
BETWEEN:
AIR CANADA, JAZZ AIR LP, as represented by its general partner, Jazz Air
Holdings GP Inc. carrying on business as Air Canada Jazz and WEST JET
Moving Parties
and
CANADIAN TRANSPORTATION AGENCY and
THE ESTATE OF ERIC NORMAN, JOANNE NEUBAUER and
the COUNCIL OF CANADIANS WITH DISABILITIES
Responding Parties
REASONS FOR ORDER
PELLETIER J.A.
[1] Ms. Linda McKay-Panos applies to be granted intervenor status in the pending application for leave to appeal decision No. 6-AT-A-2008 (the 1P1F decision) of the Canadian Transportation Agency (the Agency) and, if leave is granted, intervenor status in the appeal.
[2] Ms. McKay-Panos represented the perspective of those who, by reason of their obesity, require accommodation in air travel, including the possibility of the use of two seats.
[3] The issue in the 1P1F decision was whether air carriers were required to accommodate travellers whose health condition required them to travel with an attendant by providing the second person's seat free of charge. Ms. McKay-Panos participated in those hearings and took the position that the obese who could not fit into a standard airline seat should be entitled to the same accommodation. The Agency ruled in favour of the applicants in that case, the Estate of Eric Norman, Joanne Neubauer and the Council of Canadians with Disabilities (the applicants) and the intervenor. It is this decision with respect to which the air carriers - Air Canada, Jazz Air LP and West Jet - seek leave to appeal.
[4] I have reviewed Ms. McKay-Panos' proposed submissions. Like the applicants seeking leave to appeal, she responds to the specific complaints advanced by the air carriers and defends the Agency's decision on grounds of standard of review.
[5] Ms. McKay-Panos' proposed submissions do not add a different perspective to the application for leave to appeal and as a result, her motion to be added as an intervenor will be dismissed.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: 08-A-11
STYLE OF CAUSE: AIR CANADA, JAZZ AIR LP as represented by its general partner, Jazz Air Holdings GP Inc. carrying on business as Air Canada Jazz and West Jet and CANADIAN TRANSPORTATION AGENCY and The Estate of Eric Norman, Joanne Neubauer and the Council of Canadians with Disabilities
MOTION DEALT WITH IN WRITING WITHOUT APPEARANCE OF PARTIES
REASONS FOR ORDER BY: PELLETIER J.A.
WRITTEN REPRESENTATIONS BY:
|
Ioana Bala
|
FOR THE MOVING PARTIES, Air Canada, Jazz Air LP, as represented by its general partner, Jazz Air Holdings GP Inc. carrying on business as Air Canada Jazz and West Jet
|
|
Andray Renaud
Ritu Khullar
David Baker |
FOR Canadian Transportation Agency
FOR Linda-McKay-Panos
FOR THE RESPONDING PARTIES, The Estate of Eric Norman, Joanne Neubauer and the Council of Canadians with Disabilities |
SOLICITORS OF RECORD:
|
Thomson Blackburn LLP Toronto, Ontario
|
FOR THE MOVING PARTIES, Air Canada, Jazz Air LP, as represented by its general partner, Jazz Air Holdings GP Inc. carrying on business as Air Canada Jazz and West Jet
|
|
Andray Renaud Gatineau, Quebec
Chivers Carpenter Edmonton, Alberta
Bakerlaw Toronto, Ontario |
FOR Canadian Transportation Agency
FOR Linda McKay-Panos
FOR THE RESPONDING PARTIES, The Estate of Eric Norman, Joanne Neubauer and the Council of Canadians with Disabilities |