Air Canada, Jazz Air LP v. Canada (Transportation Agency)
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Air Canada, Jazz Air LP v. Canada (Transportation Agency) Court (s) Database Federal Court of Appeal Decisions Date 2008-05-05 Neutral citation 2008 FCA 169 File numbers 08-A-11 Decision Content Date: 20080505 Docket: 08-A-11 Citation: 2008 FCA 169 Present: PELLETIER J.A. BETWEEN: AIR CANADA, JAZZ AIR LP, as represented by its general partner, Jazz Air Holdings GP Inc. carrying on business as Air Canada Jazz and WEST JET Moving Parties and CANADIAN TRANSPORTATION AGENCY and THE ESTATE OF ERIC NORMAN, JOANNE NEUBAUER and the COUNCIL OF CANADIANS WITH DISABILITIES Responding Parties Dealt with in writing without appearance of parties. Order delivered at Ottawa, Ontario, on May 5, 2008. REASONS FOR ORDER BY: PELLETIER J.A. Date: 20080505 Docket: 08-A-11 Citation: 2008 FCA 169 Present: PELLETIER J.A. BETWEEN: AIR CANADA, JAZZ AIR LP, as represented by its general partner, Jazz Air Holdings GP Inc. carrying on business as Air Canada Jazz and WEST JET Moving Parties and CANADIAN TRANSPORTATION AGENCY and THE ESTATE OF ERIC NORMAN, JOANNE NEUBAUER and the COUNCIL OF CANADIANS WITH DISABILITIES Responding Parties REASONS FOR ORDER PELLETIER J.A. [1] Ms. Linda McKay-Panos applies to be granted intervenor status in the pending application for leave to appeal decision No. 6-AT-A-2008 (the 1P1F decision) of the Canadian Transportation Agency (the Agency) and, if leave is granted, intervenor status in the appeal. [2] Ms. McKay-Panos represented the perspective of those who, by reason of t…
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Air Canada, Jazz Air LP v. Canada (Transportation Agency) Court (s) Database Federal Court of Appeal Decisions Date 2008-05-05 Neutral citation 2008 FCA 169 File numbers 08-A-11 Decision Content Date: 20080505 Docket: 08-A-11 Citation: 2008 FCA 169 Present: PELLETIER J.A. BETWEEN: AIR CANADA, JAZZ AIR LP, as represented by its general partner, Jazz Air Holdings GP Inc. carrying on business as Air Canada Jazz and WEST JET Moving Parties and CANADIAN TRANSPORTATION AGENCY and THE ESTATE OF ERIC NORMAN, JOANNE NEUBAUER and the COUNCIL OF CANADIANS WITH DISABILITIES Responding Parties Dealt with in writing without appearance of parties. Order delivered at Ottawa, Ontario, on May 5, 2008. REASONS FOR ORDER BY: PELLETIER J.A. Date: 20080505 Docket: 08-A-11 Citation: 2008 FCA 169 Present: PELLETIER J.A. BETWEEN: AIR CANADA, JAZZ AIR LP, as represented by its general partner, Jazz Air Holdings GP Inc. carrying on business as Air Canada Jazz and WEST JET Moving Parties and CANADIAN TRANSPORTATION AGENCY and THE ESTATE OF ERIC NORMAN, JOANNE NEUBAUER and the COUNCIL OF CANADIANS WITH DISABILITIES Responding Parties REASONS FOR ORDER PELLETIER J.A. [1] Ms. Linda McKay-Panos applies to be granted intervenor status in the pending application for leave to appeal decision No. 6-AT-A-2008 (the 1P1F decision) of the Canadian Transportation Agency (the Agency) and, if leave is granted, intervenor status in the appeal. [2] Ms. McKay-Panos represented the perspective of those who, by reason of their obesity, require accommodation in air travel, including the possibility of the use of two seats. [3] The issue in the 1P1F decision was whether air carriers were required to accommodate travellers whose health condition required them to travel with an attendant by providing the second person's seat free of charge. Ms. McKay-Panos participated in those hearings and took the position that the obese who could not fit into a standard airline seat should be entitled to the same accommodation. The Agency ruled in favour of the applicants in that case, the Estate of Eric Norman, Joanne Neubauer and the Council of Canadians with Disabilities (the applicants) and the intervenor. It is this decision with respect to which the air carriers - Air Canada, Jazz Air LP and West Jet - seek leave to appeal. [4] I have reviewed Ms. McKay-Panos' proposed submissions. Like the applicants seeking leave to appeal, she responds to the specific complaints advanced by the air carriers and defends the Agency's decision on grounds of standard of review. [5] Ms. McKay-Panos' proposed submissions do not add a different perspective to the application for leave to appeal and as a result, her motion to be added as an intervenor will be dismissed. "J.D. Denis Pelletier" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: 08-A-11 STYLE OF CAUSE: AIR CANADA, JAZZ AIR LP as represented by its general partner, Jazz Air Holdings GP Inc. carrying on business as Air Canada Jazz and West Jet and CANADIAN TRANSPORTATION AGENCY and The Estate of Eric Norman, Joanne Neubauer and the Council of Canadians with Disabilities MOTION DEALT WITH IN WRITING WITHOUT APPEARANCE OF PARTIES REASONS FOR ORDER BY: PELLETIER J.A. DATED: May 5, 2008 WRITTEN REPRESENTATIONS BY: Gerard Chouest Ioana Bala FOR THE MOVING PARTIES, Air Canada, Jazz Air LP, as represented by its general partner, Jazz Air Holdings GP Inc. carrying on business as Air Canada Jazz and West Jet Elizabeth Barker Andray Renaud Ritu Khullar David Baker FOR Canadian Transportation Agency FOR Linda-McKay-Panos FOR THE RESPONDING PARTIES, The Estate of Eric Norman, Joanne Neubauer and the Council of Canadians with Disabilities SOLICITORS OF RECORD: Bersenas Jacobsen Chouest Thomson Blackburn LLP Toronto, Ontario FOR THE MOVING PARTIES, Air Canada, Jazz Air LP, as represented by its general partner, Jazz Air Holdings GP Inc. carrying on business as Air Canada Jazz and West Jet Elizabeth Barker Andray Renaud Gatineau, Quebec Chivers Carpenter Edmonton, Alberta Bakerlaw Toronto, Ontario FOR Canadian Transportation Agency FOR Linda McKay-Panos FOR THE RESPONDING PARTIES, The Estate of Eric Norman, Joanne Neubauer and the Council of Canadians with Disabilities
Source: decisions.fca-caf.gc.ca