Docket: A-188-18
Citation: 2019 FCA 226
| CORAM:
|
NADON J.A.
GLEASON J.A.
RIVOALEN J.A.
|
| BETWEEN:
|
| AIR CANADA
|
| Appellant
|
| and
|
| JEREMY COOPERSTOCK
|
| and
|
| CANADIAN TRANSPORTATION AGENCY
|
| Respondents
|
Heard at Montréal, Quebec, on September 4, 2019.
Judgment delivered from the Bench at Montréal, Quebec, on September 4, 2019.
| REASONS FOR JUDGMENT OF THE COURT BY:
|
NADON J.A.
|
Date: 20190904
Docket: A-188-18
Citation: 2019 FCA 226
| CORAM:
|
NADON J.A.
GLEASON J.A.
RIVOALEN J.A.
|
| BETWEEN:
|
| AIR CANADA
|
| Appellant
|
| and
|
| JEREMY COOPERSTOCK
|
| and
|
| CANADIAN TRANSPORTATION AGENCY
|
| Respondents
|
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Montréal, Quebec, on September 4, 2019).
NADON J.A.
[1]
We are all of the view that Air Canada’s appeal must be allowed.
[2]
In our view, it is undeniable that Air Canada’s letter of January 28, 2016, to one of its passengers (sent by a Baggage Claims Specialist) and which dealt with that passenger’s claim for delay in delivery of her luggage upon arrival in Costa Rica, cannot reasonably constitute a public statement by Air Canada within the meaning of paragraph 18(b) of the Air Transportation Regulations, S.O.R./88-58 (the Regulations).
[3]
Consequently, the Canadian Transportation Agency (the Agency)’s conclusion that Air Canada made a false statement in accordance with paragraph 18(b) of the Regulations cannot stand as it is clearly unreasonable.
[4]
For these reasons, the appeal will be allowed and the Agency’s decision no. 105-C-A-2017 will be set aside.
"M. Nadon
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
| Docket:
|
A-188-18
|
||
| STYLE OF CAUSE:
|
AIR CANADA v. JEREMY COOPERSTOCK, AND CANADIAN TRANSPORTATION AGENCY
|
|
|
| PLACE OF HEARING:
|
Montréal, Quebec
|
||
| DATE OF HEARING:
|
September 4, 2019
|
||
| REASONS FOR JUDGMENT OF THE COURT BY:
|
NADON J.A.
GLEASON J.A.
RIVOALEN J.A.
|
||
| DELIVERED FROM THE BENCH BY:
|
NADON J.A.
|
||
APPEARANCES:
| Patrick Girard
Rémi Leprévost
|
For The Appellant
AIR CANADA
|
| Allan Matte
|
For The Respondent
CANADIAN TRANSPORTATION AGENCY
|
SOLICITORS OF RECORD:
| Stikeman Elliott LLP
Montréal, Quebec
|
For The Appellant
AIR CANADA
|
| Nathalie G. Drouin
Deputy Attorney General of Canada
Ottawa, Ontario
|
For The Respondent
CANADIAN TRANSPORTATION AGENCY
|