|
2025-08-26 |
Ottawa |
Acknowledgment of Receipt received from All parties (via email) with respect to Judgment, Reasons for Judgment and French Translation of Judgment and Reasons for Judgment ( Gleason, Monaghan, Heckman JJ.A.) dated 25-AUG-2025 placed on file on 26-AUG-2025 |
72 |
|
2025-08-25 |
Ottawa |
Memorandum to file from FCA Registry dated 25-AUG-2025 Transmitting via email a copy of Judgment, Reasons for Judgment and French Translation of Judgment and Reasons for Judgment ( Gleason, Monaghan, Heckman JJ.A.) dated 25-AUG-2025 to Canadian Transportation Agency. placed on file. |
71 |
| 41 |
2025-08-25 |
Ottawa |
Traduction certifiée conforme en français des motifs du jugement / doc. # 39 rendu(e)(s) le 25-AOU-2025 déposée le 25-AOU-2025 |
70 |
| 40 |
2025-08-25 |
Ottawa |
Traduction certifiée conforme en français du jugement / doc. # 38 rendu(e)(s) le 25-AOU-2025 déposée le 25-AOU-2025 |
69 |
| 39 |
2025-08-25 |
Ottawa |
Reasons for Judgment rendered by The Honourable Mr. Justice Heckman concurred in by The Honourable Madam Justice Gleason The Honourable Madam Justice Monaghan dated 25-AUG-2025
The Court's decision is with regard to Appeal Filed on 25-AUG-2025
Copies sent to parties |
68 |
| 38 |
2025-08-25 |
Ottawa |
Judgment dated 25-AUG-2025 rendered by The Honourable Madam Justice Gleason The Honourable Madam Justice Monaghan The Honourable Mr. Justice Heckman
Matter considered with personal appearance
The Court's decision is with regard to Appeal
Result: dismissed Filed on 25-AUG-2025 copies sent to parties entered in J. & O. Book, volume 354 page(s) 404 - 481
(Final decision) |
67 |
|
2024-06-20 |
Toronto |
This matter comes on for hearing on 20-JUN-2024 at Toronto before The Honourable Madam Justice Gleason The Honourable Madam Justice Monaghan The Honourable Mr. Justice Heckman
Appearances:
Michael Dery, Kathryn McGoldrick / 604-484-1700 for the appellant
Jean-Marc Leclerc, Adil Abdulla / 416-977-0007 for the respondent
Patrick Girard, Amara Khy / 514-397-3657 for the intervenor
Allan Matte / 800-669-5575 for Canadian Transportation Agency
Language of Hearing: E
Court Usher: John Stephens
Duration:
on 20-JUN-2024 from 09:44 to 15:11
Courtroom : Courtroom No. 7-C - Toronto
Court Registrar Seeraladevan Scinthura
Total duration: 3h 58min
Before the Court: appeal
Result: reserved
Documents filed at hearing: 37 Compendium of the Respondent
Comments: Zoom, Dars, and Tascam recorded
Minutes of Hearing entered in Vol. 245 page(s) 443 - 449
Abstract of Hearing placed on file |
66 |
| 37 |
2024-06-20 |
Toronto |
Compendium of the Respondent filed on 20-JUN-2024 |
65 |
|
2024-06-19 |
Ottawa |
Acknowledgment of Receipt received from All parties (via email) with respect to Direction (Gleason J.A.) dated 19-JUN-2024 placed on file on 19-JUN-2024 |
64 |
|
2024-06-19 |
Ottawa |
Written directions of the Court: The Honourable Madam Justice Gleason dated 19-JUN-2024 directing " Further to the letter from counsel for WestJet received today regarding the inability of Ms. McGoldrick to attend in person, a Zoom link will be set up to allow Ms. McGoldrick to appear via Zoom. The registry is requested to make arrangements for a hybrid hearing. " Decisions Book other than J&O, volume 2, page 292 received on 19-JUN-2024 Confirmed in writing to the party(ies) |
63 |
|
2024-06-19 |
Toronto |
Letter from the appellant dated 19-JUN-2024 Counsel for WestJET is requesting to appear remotely received on 19-JUN-2024 |
62 |
| 36 |
2024-06-19 |
Toronto |
condensed book of the Appellant consisting of 1 volume(s) prepared by the appellant filed on 19-JUN-2024 3 judges' copies retained by the local office |
61 |
| 35 |
2023-05-14 |
Ottawa |
Book of Authorities consisting of 1 volume(s) prepared by Canadian Transportation Agency filed on 14-MAY-2023 0 judges' copies (online) |
60 |
|
2024-06-10 |
Ottawa |
Acknowledgment of Receipt received from all parties with respect to the Direction of the Court dated 10-JUN-2024 placed on file on 10-JUN-2024 |
59 |
|
2024-06-12 |
Ottawa |
Email correspondance from the parties in regards to the time allocation of the hearing further to the Direction dated June 10, 2024 received on 12-JUN-2024 |
58 |
|
2024-06-10 |
Ottawa |
Written directions of the Court: The Honourable Madam Justice Gleason dated 10-JUN-2024 directing Counsel are requested to advise the Registry by no later than 4:30 p.m EDT on June 12, 2024 of any agreement they have made regarding how much time each party will have to make submissions and the order of proceeding. Direction placed in Decisions Book other than J&0, Vol. 2, p. 279. received on 10-JUN-2024 |
57 |
|
2024-05-02 |
Ottawa |
Acknowledgment of Receipt received from all parties (via email) with respect to Scheduling Order placed on file on 02-MAY-2024 |
56 |
| 34 |
2024-05-02 |
Ottawa |
Order (time and place) dated 02-MAY-2024 rendered by D. Lanteigne, Judicial Administrator
fixing Appeal to be heard at Special Sitting in Toronto on 20-JUN-2024 to begin at 09:30 Filed on 02-MAY-2024
cc's sent to parties
entered in J. & O. Book, volume 337 page(s) 62 - 62
Transmittal letters placed on file |
55 |
|
2024-04-19 |
Ottawa |
Covering letter from the Canadian Transportation Agency dated 04-MAY-2023 concerning Doc. Nos. 32 33 placed on file on 19-APR-2024 |
54 |
| 33 |
2024-04-19 |
Ottawa |
Solicitor's certificate of service on behalf of Allan Mate confirming service of Memorandum of Fact and Law of the Canadian Trasnsportation Agency upon all parties by electronic service on 04-MAY-2023 filed on 19-APR-2024 |
53 |
| 32 |
2024-04-19 |
Ottawa |
Memorandum of fact and law on behalf of the Canadian Transportation Agency filed on 19-APR-2024 |
52 |
| 31 |
2024-04-19 |
Ottawa |
Reasons for Order rendered by The Honourable Mr. Justice Stratas dated 19-APR-2024
The Court's decision is with regard to CTI's unfiled Memorandum of Fact and Law Filed on 19-APR-2024 |
51 |
| 30 |
2024-04-19 |
Ottawa |
Order dated 19-APR-2024 rendered by The Honourable Mr. Justice Stratas
Matter considered without personal appearance
The Court's decision is with regard to the CTI's unfiled Memorandum of Fact and Law
Result: granted Filed on 19-APR-2024 entered in J. & O. Book, volume 336 page(s) 367 - 368 |
50 |
|
2024-04-11 |
Ottawa |
Letter from the appellant dated 11-APR-2024 seeking an update from the Court regarding the status of the Appeal. the parties were cc'd in the email received on 11-APR-2024 |
49 |
|
2023-06-14 |
Ottawa |
Memorandum to file from Ottawa Registry dated 14-JUN-2023 The Agency has also submitted a Book of Authorities, should the Court choose to accept their Memorandum of fact and law. Sent for Directions. placed on file. |
48 |
|
2023-06-14 |
Ottawa |
Letter from the Canadian Transportation agency dated 14-JUN-2023 in reply to the Existing parties submissions, pursunt to the Direction of the Court dated May 26, 2023. The agency also asks for leave of the Court to file their Book of Authorities. received on 14-JUN-2023 |
47 |
| 29 |
2023-06-09 |
Ottawa |
Solicitor's certificate of service on behalf of Scott Ashbourne confirming service of Letter dated June 9, 2023 ID 45 upon all parties by electronic service on 09-JUN-2023 filed on 09-JUN-2023 |
46 |
|
2023-06-09 |
Ottawa |
Letter from the appellant dated 09-JUN-2023 in response to the Direction of the Court dated May 26, 2023. received on 09-JUN-2023 |
45 |
|
2023-06-09 |
Toronto |
Letter from the respondent dated 09-JUN-2023 providing a respone pursuant to Direction of Justice Stratas dated 26-MAY-2023; cc to all parties; letter sent to Court; received on 09-JUN-2023 |
44 |
|
2023-05-26 |
Ottawa |
Acknowledgment of Receipt received from all parties (via email) with respect to the Directions of the Court (Stratas J.A.) dated May 26, 2023 placed on file on 26-MAY-2023 |
43 |
|
2023-06-01 |
Ottawa |
Letter from Canadian Transportation agency dated 01-JUN-2023 Written submissions in response to the direction of the court dated may 26, 2023 (Stratas J.A.). received on 01-JUN-2023 |
42 |
|
2023-05-26 |
Ottawa |
Written directions of the Court: The Honourable Mr. Justice Stratas dated 26-MAY-2023 directing "...The Agency presented its memorandum after the other parties had filed their memoranda. Before ruling on wheter the Agency's memorandum of fact and law should be filed, the Court would appreciate submissions on four questions: ... Submissions shal be made by way of informal letter addressed to the Judicial Administrator and filed with the Registry on the following schedule: ... " received on 26-MAY-2023 Confirmed in writing to the party(ies) |
41 |
|
2023-05-08 |
Ottawa |
Communication from Registry to Judicial Administrator dated 08-MAY-2023 re: ID 39 for direction |
40 |
|
2023-05-04 |
Ottawa |
Memorandum to file from Ottawa Registry dated 04-MAY-2023 On today's date the Registry received the Canadian Transportation Agency's Memorandum of Fact and Law, along with a covering letter to the Court requesting that the Agency be added as an Interver and a Solicitor's Certificate of Service. Sent to Court for direction. placed on file. |
39 |
|
2023-05-04 |
Ottawa |
Communication from Registry to Judicial Administrator dated 04-MAY-2023 re: Fixing date and place of hearing. |
38 |
| 28 |
2023-05-02 |
Vancouver |
Solicitor's certificate of service on behalf of Scott Ashbourne confirming service of DOC 26, 27 upon Respondent by email on 02-MAY-2023 filed on 02-MAY-2023 |
37 |
| 27 |
2023-05-02 |
Vancouver |
Joint Book of Authorities consisting of 1 volume(s) on behalf of Appellant Filed on 02-MAY-2023 |
36 |
| 26 |
2023-05-02 |
Vancouver |
Requisition for hearing - Appeal from Appellant
filed on 02-MAY-2023 |
35 |
| 25 |
2023-04-27 |
Vancouver |
Solicitor's certificate of service on behalf of Amara Khy confirming service of DOC 24 upon Appellant Respondent by email on 27-APR-2023 filed on 27-APR-2023 |
34 |
| 24 |
2023-04-27 |
Vancouver |
Memorandum of fact and law on behalf of the intervenor filed on 27-APR-2023 |
33 |
| 23 |
2023-04-12 |
Toronto |
Affidavit of Patricia Julian Son on behalf of the respondent sworn on 12-APR-2023 confirming service of Doc 22 on the appellant the intervenor by email on 12-APR-2023 filed on 12-APR-2023 |
32 |
| 22 |
2023-04-12 |
Toronto |
Memorandum of fact and law on behalf of the respondent filed on 12-APR-2023 |
31 |
| 21 |
2023-04-03 |
Ottawa |
Solicitor's certificate of service on behalf of Amara Khy confirming service of Reply Representations of the Proposed Intervener upon all parties by electronic mail on 03-APR-2023 filed on 03-APR-2023 |
30 |
| 20 |
2023-04-03 |
Ottawa |
Reply Representations on behalf of Intervenor in response to the opposing submissions doc. No. 18 to the Motion in writing
Filed on 03-APR-2023 |
29 |
| 19 |
2023-03-30 |
Ottawa |
Affidavit of Patricia Julian Son on behalf of the respondent sworn on 30-MAR-2023 confirming service of Doc. 18 on all parties by electronic mail on 29-MAR-2023 filed on 30-MAR-2023 |
28 |
| 18 |
2023-03-30 |
Ottawa |
Written representations on behalf of the respondent in response to Motion Doc. 11 filed on 30-MAR-2023 |
27 |
|
2023-04-12 |
Ottawa |
Acknowledgment of Receipt received from all parties (via email) with respect to Written Direction and Order of the Court (Boivin J.A.) dated April 12, 2023. placed on file on 12-APR-2023 |
26 |
| 17 |
2023-04-12 |
Ottawa |
Order dated 12-APR-2023 rendered by The Honourable Mr. Justice Boivin
Matter considered without personal appearance
The Court's decision is with regard to the motion / document number Doc. 11
Result: granted Filed on 12-APR-2023 copies sent to parties
Transmittal Letters placed on file. entered in J. & O. Book, volume 325 page(s) 378 - 380 |
25 |
|
2023-04-12 |
Ottawa |
Written directions of the Court: The Honourable Mr. Justice Boivin dated 12-APR-2023 directing "The respondent's written representations received on March 30, 2023; the Affidavit of service received on March 30, 2023; the reply written representations on behalf of the proposed intervener (Air Canada) received on April 3, 2023 and; the Solicitor certificate of service received on April 3, 2023 are accepted for filing." received on 12-APR-2023 Confirmed in writing to the party(ies) |
24 |
|
2023-04-04 |
Ottawa |
Communication from Registry to Judicial Administrator dated 04-APR-2023 re: motion doc. 11 and ID 17-22 for direction |
23 |
|
2023-04-03 |
Vancouver |
Memorandum to file from Vancouver dated 03-APR-2023 Vancouver Registry received a reply from the proposed intereveners - sent for direction placed on file. |
22 |
|
2023-03-30 |
Toronto |
Memorandum to file from J.Chan, Federal Court of Appeal Registry at Toronto dated 30-MAR-2023 The Respondent, Owen Lareau submitted their Responding Written Representations and Affidavit of Service on March 29, 2023 in response to the Motion Record of the Proposed Intervener, dated March 14, 2023. The Registry referred to a discrepancy with the Court File No. pursuant to Rule 66(1)(a) of the Federal Courts Rules and referred to the Rule 7 consent filed on March 22, 2023 wherein the Respondent's material was extended to March 27, 2023. Pursuant to Rule 72(1)(b) of the FCR, the Honourable Court's direction is sought with regard to the filing of the Respondent's Written Representations and Affidavit of Service, on consent of all parties. - Sent to FCA-OTT and FCA-JA to place before the Court for leave placed on file. |
21 |
|
2023-03-30 |
Toronto |
Letter from Respondent's Counsel, Jean-Marc Leclerc dated 30-MAR-2023 The Respondent encloses the written representation and affidavit of service for filing on March 29, 2023 and the parties consent to an extension of time to file on March 30, 2023. cc: Michael Dery, Counsel for the Appellant cc: Patrick Girard, Rémi Leprévost and Amara Khy, Counse for the Proposed Intervener cc: Allan Matte, Counsel for Canadian Transportation Agency received on 30-MAR-2023 |
20 |
|
2023-03-28 |
Vancouver |
Memorandum to file from Vancouver dated 28-MAR-2023 Confirmation from M. Dery, counsel for the Appellant, confirming they will not be filing repsonding materials in relation to the Proposed Interevener's Motion to intervene (Doc 14) placed on file. |
19 |
| 16 |
2023-03-22 |
Toronto |
Consent to extend the time to serve and file respondents repsonding materials to the motion for leave to intervene, from mar. 23 to mar. 27 on behalf of all parties filed on 22-MAR-2023 |
18 |
|
2023-03-21 |
Ottawa |
Letter from Counsel for the Canadian Transportation Agency dated 21-MAR-2023 Pursuant to subsection 41(4) of the Canada Transportation Act the CTA is entitled to be heard by counsel or otherwise on the argument. Please be advised that it is the Agency's intention to review the parties and the proposed intervener should leave to intervene be granted and thereafter determine if it will be filing submissions. received on 21-MAR-2023 |
17 |
| 15 |
2023-03-14 |
Vancouver |
Solicitor's certificate of service on behalf of Amara Khy confirming service of Doc 14 upon Appellant Respondent by email and personal service on 13-MAR-2023 filed on 14-MAR-2023 |
16 |
| 14 |
2023-03-14 |
Vancouver |
Motion Record
containing the following original document(s): 11
12
13
Number of copies received: 1 on behalf of Intervenor filed on 14-MAR-2023 |
15 |
| 13 |
2023-03-14 |
Vancouver |
Memorandum of fact and law contained within a Motion Record on behalf of the intervenor filed on 14-MAR-2023 |
14 |
| 12 |
2023-03-14 |
Vancouver |
Affidavit of Martine De Serres contained within a Motion Record on behalf of the intervenor sworn on 09-MAR-2023 in support of Doc 11 with attached exhibit(s) A filed on 14-MAR-2023 |
13 |
| 11 |
2023-03-14 |
Vancouver |
Notice of motion contained within a Motion Record on behalf of proposed intervener Air Canada leave to intervene in this appeal and other orders (see attached Notice of Motion) in writing filed on 14-MAR-2023 |
12 |
| 10 |
2023-03-13 |
Vancouver |
Solicitor's certificate of service on behalf of Kathryn McGoldrick confirming service of Doc 9 upon Respondent by e-mail on 13-MAR-2023 filed on 13-MAR-2023 |
11 |
| 9 |
2023-03-13 |
Vancouver |
Memorandum of fact and law on behalf of the appellant filed on 13-MAR-2023 |
10 |
| 8 |
2023-02-09 |
Vancouver |
Solicitor's certificate of service on behalf of Scott Ashbourne confirming service of Appeal Book upon Respondent by e-mail on 09-FEB-2023 filed on 09-FEB-2023 |
9 |
| 7 |
2023-02-09 |
Vancouver |
Consent to Electronic Service on behalf of the appellant filed on 09-FEB-2023 |
8 |
| 6 |
2023-02-09 |
Vancouver |
Consent to Electronic Service on behalf of the respondent filed on 09-FEB-2023 |
7 |
| 5 |
2023-02-09 |
Vancouver |
Appeal Book consisting of 1 volume(s) prepared by the appellant filed on 09-FEB-2023 1 judges' copies retained by the local office |
6 |
| 4 |
2023-01-11 |
Vancouver |
Agreement as to the content of the Appeal book from the appellant the respondent filed on 11-JAN-2023 |
5 |
| 3 |
2022-12-21 |
Vancouver |
Affidavit of Marc Eric Burdet on behalf of the appellant sworn on 21-DEC-2022 confirming service of the Notice of Appeal (Document #1) on Canadian Transport Agency by process server on 16-DEC-2022 filed on 21-DEC-2022 |
4 |
| 2 |
2022-12-20 |
Vancouver |
Affidavit of Michael McNally on behalf of the applicant sworn on 20-DEC-2022 confirming service of the Notice of Appeal (Document #1) on the respondent by process server on 20-DEC-2022 filed on 20-DEC-2022 |
3 |
|
2022-12-19 |
Ottawa |
Memorandum to file from FCA Registry dated 19-DEC-2022 transmitting (via email) the Notice of Appeal to the Canadian Transportation Agency. placed on file. |
2 |
| 1 |
2022-12-12 |
Vancouver |
Notice of Appeal filed on 12-DEC-2022 against a decision of the Canadian Transportation Agency dated July 8, 2022
Tariff fee of $50.00 received: yes |
1 |