Appeal of interlocutory decision carried risk that final decision would render appeal moot

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Appeal of interlocutory decision carried risk that final decision would render appeal moot

Appellant sought to strike out part of respondent airline’s memorandum. Appellant brought complaint against airline in respect of certain tariff rules. Respondent agency made interlocutory decision dismissing appellant’s motion to suspend impugned tariff rule pending disposition of complaint. Appellant appealed interlocutory decision of agency. Agency rendered its final decision on complaint. Agency argued appeal had been rendered moot by final decision. Appellant sought to strike out reference to final decision in memorandum. Application dismissed. Appeal of interlocutory decision carried risk that final decision would render appeal moot. It was open to airline to argue in memorandum that appeal was moot and should not be heard. It was open to appellant to argue to contrary.
Lukács v. Canadian Transportation Agency (Mar. 6, 2013, F.C.A., K. Sharlow J.A., File No. A-460-12) 227 A.C.W.S. (3d) 924.

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