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CIVIL PROCEDURE - Parties - Interveners

Wednesday, August 11, 2021 @ 5:49 AM  


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Appeal by Lukács from a Federal Court decision finding he had no standing to challenge a decision of the Transportation Agency which purported to allow Air Transat to credit payments it made to passengers towards penalties owing to the Receiver General for Canada for extended tarmac delays experienced on certain Air Transat flights and deteriorating conditions on board the aircraft during those delays. The Agency inquired into the delays and determined that Air Transat failed to properly apply the terms and conditions of its tariff relating to offering drinks and snacks to passengers and disembarking. The Agency ordered Air Transat to compensate all passengers on the flights for expenses incurred because of its failure to properly apply its tariff. On an interim motion, the Agency challenged Lukács’ standing. He argued he should be granted public interest standing to challenge the Agency’s decision based on his background as a passenger rights advocate.

HELD: Appeal allowed. The Federal Court did not determine standing by applying the doomed to fail test but simply made a final determination as to whether Lukács should be granted or denied public interest standing. The question of standing should be left to be determined at the hearing on the merits. The evidentiary record remained unsettled as Lukács had sought further material from the Agency in connection with the underlying application for judicial review. The unsettled evidentiary record did not put this Court in a position to make a fully informed decision on standing.

Lukács v. Canada (Transportation Agency), [2021] F.C.J. No. 732, Federal Court of Appeal, D.G. Near, J.M. Woods and A.L. Mactavish JJ.A., July 13, 2021. Digest No. TLD-August92021006