Air Canada v. Canadian Transportation Agency, 2009 FCA 95

Date: 20090323

Docket: A-412-08

Citation: 2009 FCA 95

CORAM:       DESJARDINS J.A.

                        NOËL J.A.                

                        TRUDEL J.A.

BETWEEN:

AIR CANADA

Appellant

and

CANADIAN TRANSPORTATION AGENCY

and PETER GRIFFITHS

Respondents

Heard at Toronto, Ontario, on March 23, 2009.

Judgment delivered from the Bench at Toronto, Ontario, on March 23, 2009.

REASONS FOR JUDGMENT OF THE COURT BY:                                    DESJARDINS J.A.

Date: 20090323

Docket: A-412-08

Citation: 2009 FCA 95

CORAM:       DESJARDINS J.A.

                        NOËL J.A.                

                        TRUDEL J.A.

BETWEEN:

AIR CANADA

Appellant

and

CANADIAN TRANSPORTATION AGENCY

and PETER GRIFFITHS

Respondents

REASONS FOR JUDGMENT OF THE COURT

(Delivered from the Bench at Toronto, Ontario, on March 23, 2009)

DESJARDINS J.A.

[1]               We are all of the view that the Canadian Transportation Agency (the Agency) ignored the balancing test which it itself outlined at the beginning of its analysis at paragraph 20 of its reasons (see also the Agency’s decisions in Del Anderson No. 666-C-A-2001, Zuker No. 680-C-A-2001, Morgan No. 38-C-A-2002, Bass No. 37-C-A-2002 & Clark No. 55-C-A-2002 where the same test was applied.)

[2]               In particular, it was incumbent upon the Agency to take into account and weigh the reasons for the Air Canada’s tariff revisions against the inconveniences to the respondent Peter Griffiths.

[3]               That, the Agency did not do.

[4]               This appeal will be allowed, the decision of the Agency will be set aside and the matter will be returned to the Agency for a redetermination so that the balancing exercise be conducted on the basis of the existing record.

[5]               As no costs are sought, none will be awarded.

"Alice Desjardins"

FEDERAL COURT OF APPEAL

NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                                                              A-412-08

(APPEAL FROM A JUDGMENT OR ORDER OF THE CANADIAN TRANSPORT AGENCY, DATED APRIL 4, 2008, DECISION NO. 155-C-A-2008)

STYLE OF CAUSE:                                                              AIR CANADA v.

                                                                                                CANADIAN TRANSPORTATION AGENCY and PETER GRIFFITHS

PLACE OF HEARING:                                                        TORONTO, ONTARIO

DATE OF HEARING:                                                          MARCH 23, 2009

REASONS FOR JUDGMENT OF

THE COURT BY:                                                                  (DESJARDINS, NOËL & TRUDEL JJ.A.)

DELIVERED FROM THE

BENCH BY:                                                                           DESJARDINS J.A.

APPEARANCES:

SOLICITORS OF RECORD: