Always Travel Inc. v. Air Canada
Court headnote
Always Travel Inc. v. Air Canada Court (s) Database Federal Court Decisions Date 2003-12-10 Neutral citation 2003 FC 1444 File numbers T-757-02 Decision Content Date: 20031210 Docket: T-757-02 Citation: 2003 FC 1444 BETWEEN: ALWAYS TRAVEL INC. and HIGHBOURNE ENTERPRISES INC. and CANADIAN STANDARD TRAVEL AGENT REGISTRY (CSTAR) Plaintiffs - and - AIR CANADA, AMERICAN AIRLINES INC., UNITED AIRLINES INC., DELTA AIRLINES INC., CONTINENTAL AIRLINES INC., NORTHWEST AIRLINES INC., and INTERNATIONAL AIR TRANSPORT ASSOCIATION (IATA) Defendants REASONS FOR ORDER (Delivered from the Bench in Montréal, Quebec on December 10, 2003) HUGESSEN J. [1] On May 30, 2003, in issuing a stay of these proceedings, I indicated that I was acting in comity with the Ontario Superior Court of Justice. I also indicated that, in my view, the latter Court was the proper Court to deal with the extent and timing of a stay in the context of the CCAA proceedings. [2] Since that time, Farley J. has lifted the stay with regard to Air Canada and United Airlines for the limited purpose of requiring the latter to produce affidavits in response to the plaintiffs' certification motion, but no more. That has now been done. [3] In my view, Farley J. is still the proper person to decide whether allowing the present class action certification proceedings to continue beyond the present stage would be detrimental to, or might hinder the proper administration of the CCAA proceedings. This is not a matter of the paramountcy of…
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Always Travel Inc. v. Air Canada Court (s) Database Federal Court Decisions Date 2003-12-10 Neutral citation 2003 FC 1444 File numbers T-757-02 Decision Content Date: 20031210 Docket: T-757-02 Citation: 2003 FC 1444 BETWEEN: ALWAYS TRAVEL INC. and HIGHBOURNE ENTERPRISES INC. and CANADIAN STANDARD TRAVEL AGENT REGISTRY (CSTAR) Plaintiffs - and - AIR CANADA, AMERICAN AIRLINES INC., UNITED AIRLINES INC., DELTA AIRLINES INC., CONTINENTAL AIRLINES INC., NORTHWEST AIRLINES INC., and INTERNATIONAL AIR TRANSPORT ASSOCIATION (IATA) Defendants REASONS FOR ORDER (Delivered from the Bench in Montréal, Quebec on December 10, 2003) HUGESSEN J. [1] On May 30, 2003, in issuing a stay of these proceedings, I indicated that I was acting in comity with the Ontario Superior Court of Justice. I also indicated that, in my view, the latter Court was the proper Court to deal with the extent and timing of a stay in the context of the CCAA proceedings. [2] Since that time, Farley J. has lifted the stay with regard to Air Canada and United Airlines for the limited purpose of requiring the latter to produce affidavits in response to the plaintiffs' certification motion, but no more. That has now been done. [3] In my view, Farley J. is still the proper person to decide whether allowing the present class action certification proceedings to continue beyond the present stage would be detrimental to, or might hinder the proper administration of the CCAA proceedings. This is not a matter of the paramountcy of one statute or one Court over another, but simply a practical question of which Court is best situated to deal with each question as and when that question arises. We may be very close to the point where the proper answer to that is this Court, but I remain firmly of the view that the question must first be asked and answered in the Ontario Court which has a far broader perspective of the total situation than do I. [4] Accordingly, these proceedings as against Air Canada and United Airlines are stayed until further order. "James K. Hugessen" Judge Montréal, Quebec December 10, 2003 FEDERAL COURT NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET.: T-757-02 STYLE OF CAUSE: ALWAYS TRAVEL INC. ET AL v. AIR CANADA ET AL. DATE OF HEARING: December 10, 2003 PLACE OF HEARING: Montréal, Quebec REASONS FOR ORDER: THE HONOURABLE JUSTICE HUGESSEN DATED: December 10, 2003 APPEARANCES: Mr. James Poyner, Mr. Ken Baxter, Mr. Gilles Gareau and Mr. John Legge FOR PLAINTIFFS Ms. Katherine Kay FOR DEFENDANT Air Canada Mr. Louis Brousseau, FOR DEFENDANT Mr. Tom Heintzman, Mr.Frédéric Pérodeau American Airlines Mr. Michael Penny FOR DEFENDANT United Airlines Inc. Mr. Kent E. Thomson FOR DEFENDANT Delta Airlines Inc. Ms. Martha Healey FOR DEFENDANT Continental Airlines Inc. Mr. David W. Kent FOR DEFENDANT Northwest Airlines Inc. Mr. Stanley Wong FOR DEFENDANT International Air Transport Association SOLICITORS OF RECORD: Poyner Baxter North Vancouver, B.C. FOR PLAINTIFFS Lauzon Bélanger Montréal, Quebec FOR PLAINTIFFS Legge & Legge Toronto, Ontario FOR PLAINTIFFS Stikeman Elliott FOR DEFENDANT Toronto, Ontario Air Canada McCarthy Tétrault FOR DEFENDANT Montréal, Quebec American Airlines Inc. Torys FOR DEFENDANT Toronto, Ontario United Airlines Inc. Davies Ward Phillips & Vineberg FOR DEFENDANT Toronto, Ontario Delta Airlines Inc. Ogilvy Renault FOR DEFENDANT Ottawa, Ontario Continental Airlines Inc. McMillan Binch FOR DEFENDANT Toronto, Ontario Northwest Airlines Inc. Davis & Company FOR DEFENDANT International Toronto, Ontario Air Transport Association
Source: decisions.fct-cf.gc.ca