Federal Appeal

Administrative Law

Judicial review
Canadian Transportation Agency fettered its discretion

Appellant filed complaint with Canadian Transportation Agency (“Agency”) alleging that practices of respondent relating to transportation of large persons were discriminatory, contrary to Air Transportation Regulations (Ont.) and contrary to prevision decision of Agency. Appellant relied on email from respondent to passenger. Appellant filed submissions regarding his standing to bring complaint and respondent responded. Agency dismissed complaint of discriminatory practices filed by appellant against respondent on preliminary basis that he lacked standing to bring complaint. Appellant appealed under Canada Transportation Act. Appeal allowed. Decision was unreasonable. Agency fettered its discretion. Agency erred in superimposing jurisprudence with respect to standing on regulatory scheme, thereby ignoring wording of Act and its purpose and intent. Fact that complainant was not directly affected by fare, rate, charge, or term or condition complained of and may not even meet requirements of public standing, was not to be determinative. If objective was to ensure that air carriers provided their services free from unreasonable or unduly discriminatory practices, one should not have to wait until having been subjected to such practices before being allowed to file complaint. There was no sound reason to limit standing under Act to those with direct, personal interest in matter.

Lukács v. Canadian Transportation Agency (Sep. 7, 2016, F.C.A., Wyman W. Webb J.A., A.F. Scott J.A., and Yves de Montigny J.A., A-135-15) 270 A.C.W.S. (3d) 63.

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