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.
|
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
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