Canadian Transport Commission v. Worldways Airlines Ltd., [1976] 1 S.C.R. 751 (1975)

Supreme Court of Canada

Canadian Transport Commission v. Worldways Airlines Ltd., [1976] 1 S.C.R. 751

Date: 1975-04-22

The Canadian Transport Commission Appellant;

and

Worldways Airlines Ltd. Respondent.

1975: March 24; 1975: April 22.

Present: Laskin C.J. and Martland, Judson, Pigeon, Dickson, Beetz and de Grandpré JJ.

ON APPEAL FROM THE FEDERAL COURT OF APPEAL

Administrative law-Appeals-Judicial review-Aeronautics-Natural justice-Amendment of licences-"Public convenience and necessity"-Aeronautics Act, R.S.C. 1970, c. AS, s. 16 para. (8)-Federal Court Act, R.S.C. 1970 (2nd Supp.), c. 10, s. 28-National Transportation Act, R.S.C. 1970, c. N-17.

Respondent was transferee of two licences authorizing the operation of two commercial air services, domestic charter and international charter. On May 5, 1972, new regulations established new groups for aircraft based on their maximum take-off weight on wheels and the Commission advised Renting, then holder of the two licences, that it was proposed to amend the licences to reflect the new groupings and that the new groupings were intended to cover all the aircraft then operated based on the current charter tariff on file wi...

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