Canada v. Air Transat At Inc.

Canada v. Air Transat At Inc.
Court (s) Database
Federal Court of Appeal Decisions
Date
2002-10-22
Neutral citation
2002 FCA 404
File numbers
A-112-01
Decision Content
Date: 20021022
Docket: A-112-01
Montréal, Quebec, October 22, 2002
CORAM: DESJARDINS J.A.
NOËL J.A.
PELLETIER J.A.
BETWEEN:
HER MAJESTY THE QUEEN
(Transport Canada)
Appellant
and
AIR TRANSAT A.T. INC.
Respondent
JUDGMENT
The appeal relating to the passages listed on pp. 56, 58, 60, 84, 90, 93, 115, 37 and 39 of the inspection report is allowed with costs.
The cross-appellant withdrew the cross-appeal without costs.
"Alice Desjardins"
Judge
Certified true translation
Suzanne M. Gauthier, C. Tr., LL.L.
Date: 20021022
Docket: A-112-01
Montréal, Quebec, October 22, 2002
CORAM: DESJARDINS J.A.
NOËL J.A.
PELLETIER J.A.
BETWEEN:
HER MAJESTY THE QUEEN
(Transport Canada)
Appellant
and
AIR TRANSAT A.T. INC.
Respondent
Motion by the appellant for an order allowing it to file a supplementary memorandum of fact and law so it could submit at the hearing of October 22, 2002, an alternative argument not contained in its memoranda of fact and law, filed for the principal appeal and the cross-appeal respectively.
ORDER
The motion is dismissed with costs.
"Alice Desjardins"
Judge
Certified true translation
Suzanne M. Gauthier, C. Tr., LL.L.
Date: 20021022
Docket: A-112-01
Neutral citation: 2002 FCA 404
CORAM: DESJARDINS J.A.
NOËL J.A.
PELLETIER J.A.
BETWEEN:
HER MAJESTY THE QUEEN
(Transport Canada)
Appellant
and
AIR TRANSAT A.T. INC.
Respondent
Hearing held at Montréal, Quebec, on October 22, 2002.
Judgment from the bench at Montréal, Quebec, on October 22, 2002.
REASONS FOR JUDGMENT OF THE COURT: DESJARDINS J.A.
CONCURRED IN BY: NOËL J.A.
PELLETIER J.A.
Date: 20021022
Docket: A-112-01
Neutral citation: 2002 FCA 404
CORAM: DESJARDINS J.A.
NOËL J.A.
PELLETIER J.A.
BETWEEN:
HER MAJESTY THE QUEEN
(Transport Canada)
Appellant
and
AIR TRANSAT A.T. INC.
Respondent
REASON FOR JUDGMENT OF THE COURT
(Delivered from the bench at Montréal, Quebec,
on October 22, 2002.)
DESJARDINS J.A.
[1] We consider that the passages listed at pp. 56, 58, 60, 84, 90, 93, 115, 37 and 39 of the inspection report, which are the subject of the appeal at bar, do not meet the requirements developed by the courts in implementing s. 20(1)(c) of the Access to Information Act, R.S.C. 1985, c. A-1.
[2] We further conclude that p. 120 of the report should be exempt from disclosure under s. 20(1)(b) of the said Act.
[3] The appeal will accordingly be allowed in part with costs.
[4] The cross-appellant withdrew the cross-appeal. The cross-respondent did not claim costs.
"Alice Desjardins"
Judge
Certified true translation
Suzanne M. Gauthier, C. Tr., LL.L.
FEDERAL COURT OF CANADA
APPEAL DIVISION
Date: 20021022
Docket: A-112-01
Between:
HER MAJESTY THE QUEEN
(Transport Canada)
Appellant
and
AIR TRANSAT A.T. INC.
Respondent
REASONS FOR JUDGMENT OF THE COURT
FEDERAL COURT OF CANADA
APPEAL DIVISION
SOLICITORS OF RECORD
FILE: A-112-01
STYLE OF CAUSE: HER MAJESTY THE QUEEN
(Transport Canada)
and
AIR TRANSAT A.T. INC.
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: October 22, 2002
REASONS FOR JUDGMENT OF THE COURT: DESJARDINS J.A.
CONCURRED IN BY: NOËL J.A.
PELLETIER J.A.
DATE OF REASONS: October 22, 2002
APPEARANCES:
Bernard Letarte FOR THE APPELLANT
Pierre-Georges Roy FOR THE RESPONDENT
SOLICITORS OF RECORD:
Morris Rosenberg FOR THE APPELLANT
Deputy Attorney General of Canada
Ottawa, Ontario
Bélanger, Sauvé FOR THE RESPONDENT
Montréal, Quebec