Lukács v. Canadian Transportation Agency et al., [2016] N.R. TBEd. SE.012

• Judge: Webb, Scott and de Montigny, JJ.A.
• Court: Federal Court of Appeal (Canada)
• Case Date: September 07, 2016
• Jurisdiction: Canada (Federal)
• Citations: [2016] N.R. TBEd. SE.012;2016 FCA 220

Lukács v. CTA, [2016] N.R. TBEd. SE.012

MLB being edited

Currently being edited for N.R. - judgment temporarily in rough form.

Temp. Cite: [2016] N.R. TBEd. SE.012

Dr. Gábor Lukács (appellant) v. Canadian Transportation Agency and Delta Air Lines Inc. (respondents)

(A-135-15; 2016 FCA 220)

Indexed As: Lukács v. Canadian Transportation Agency et al.

Federal Court of Appeal

Webb, Scott and de Montigny, JJ.A.

September 7, 2016.

Summary:

The Canadian Transportation Agency dismissed a complaint of discriminatory practices filed by Dr. Lukács against Delta Air Lines Inc., on the preliminary basis that he lacked public interest standing to bring the complaint. The complaint alleged that Delta's policies and practices relating to the transportation of "large (obese)" persons were discriminatory, contrary to s. 111(2) of the Air Transportation Regulations. Dr. Lukács appealed pursuant to s. 41 of the Canada Transportation Act. He argued that the Agency applied the wrong legal principles and fettered its discretion in denying him public interest standing to challenge Delta's policies and practices.

The Federal Court of Appeal allowed the appeal. The Agency erred in applying the general law of standing on a complaint for discriminatory terms and conditions under s. 67.2(1) of the Canada Transportation Act and s. 111(2) of the Air Transportation Regulations.

Administrative Law - Topic 9050

Boards and tribunals - Jurisdiction of particular boards and tribunals - Canadian Transportation Agency - The Federal Court of Appeal discussed the dual role of the Canadian Transportation Agency, "both as a specialized economic regulator and a quasi-judicial body that decides matters in an adversarial setting." - See paragraph 23.

Aeronautics - Topic 5153

Airlines - Carriage of passengers - Disabled passengers - [See second Carriers - Topic 1006 ].

Carriers - Topic 1006

Federal legislation - Canada Transportation Act - Interpretation - The Federal Court of Appeal discussed Canada Transportation Act's distinction between "complaints" and "applications" and the different terminology in the Act to describe the types of persons who were entitled to file them - In the end result, the Court concluded that "[w]hen read in its contextual and grammatical context, there is no sound reason to limit standing under the Act to those with a direct, personal interest in the matter" - See paragraphs 24 to 27.

Carriers - Topic 1006

Federal legislation - Canada Transportation Act - Interpretation - The Canadian Transportation Agency dismissed a complaint of discriminatory practices filed by Dr. Lukács against Delta Air Lines Inc., on the preliminary basis that he lacked public interest standing to bring the complaint - The complaint alleged that Delta's policies and practices relating to the transportation of "large (obese)" persons were discriminatory, contrary to s. 111(2) of the Air Transportation Regulations - On appeal, Dr. Lukács argued that the Agency applied the wrong legal principles and fettered its discretion - The Federal Court of Appeal allowed the appeal - The Agency erred in applying the general law of standing on a complaint for discriminatory terms and conditions under s. 67.2(1) of the Canada Transportation Act and s. 111(2) of the Regulations - "The Agency does not necessarily have to investigate and decide every complaint and is certainly empowered to dismiss without any inquiry those that are futile or devoid of any merit on their face; it cannot, however, refuse to look into a complaint on the sole basis that the complainant does not meet the standing requirements developed by courts of civil jurisdictions. In so doing, the Agency unreasonably fettered its discretion." - See paragraphs 16 to 30.

Carriers - Topic 1062

Federal legislation - Canadian Transport Commission (now Canadian Transportation Agency) - Jurisdiction - General - [See Administrative Law - Topic 9050 ].

Practice - Topic 221

Persons who can sue and be sued - Individuals and corporations - Status or standing - Public interest standing (incl. requirements of) - [See second Carriers - Topic 1006 ].

Counsel:

Dr. Gábor Lukács appeared on his own behalf;

Allan Matte, for the respondent, Canadian Transportation Agency;

Gerard Chouest, for the respondent, Delta Air Lines Inc.

Solicitors of Record:

Legal Services Branch, Canadian Transportation Agency, Gatineau, Quebec, for the respondent, Canadian Transportation Agency;

Bersenas Jacobsen Chouest Thomson Blackburn LLP, Toronto, Ontario, for the respondent, Delta Air Lines Inc.

This appeal was heard at Halifax, Nova Scotia, on April 25, 2016, before Webb, Scott and de Montigny, JJ.A., of the Federal Court of Appeal. In reasons written by de Montigny, J.A., the Court delivered the following judgment at Ottawa, Ontario, on September 7, 2016.