Leduc v. Air Canada

Leduc v. Air Canada

On the balance of probabilities the Court found no violation of language rights on board the aircraft; it found that Air Canada violated the OLA after removal (in the corridor/airport) and by sending an English-only tariff. Monetary damages for the disembarkation/corridor incident are inadmissible under the Montreal...

Source-derived case information.

Citation
2018 FC 1117
Parties
Applicant: Bruno Leduc; Respondent: Air Canada
Court
Federal Court
Jurisdiction
Canada
Judgment Date
7 November 2018
Procedural Posture
Application Under Section 77 of the Official Languages Act / Hearing and Judgment (final Disposition)
Outcome
Declaratory judgment that Air Canada violated the OLA in the corridor/airport after removal and by sending an English-only tariff; all other relief dismissed; costs to be borne by each party.
Legal Topics
Official Languages Act, Montreal Convention / Carriage by Air, Bilingual Services, Declaratory Relief, Damages Inadmissibility, Jurisdictional Limits Re Travel Bans
Source Language
english
Administrative Law Public Law Transportation Law International Law Language Rights Official Languages Act Montreal Convention / Carriage by Air Bilingual Services +3 more

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Parties

Bruno Leduc

Applicant

Air Canada

Respondent

Procedural Posture

Application Under Section 77 of the Official Languages Act / Hearing and Judgment (final Disposition)

Legal Issues

  1. 1 Whether Air Canada violated the applicant’s language rights on board the aircraft
  2. 2 Whether Air Canada violated the applicant’s language rights after removal at the airport/corridor
  3. 3 Whether sending an English-only tariff violated the OLA

Ratio Decidendi

On the balance of probabilities the Court found no violation of language rights on board the aircraft; it found that Air Canada violated the OLA after removal (in the corridor/airport) and by sending an English-only tariff. Monetary damages for the disembarkation/corridor incident are inadmissible under the Montreal Convention and, having exercised its discretionary remedial power under s.77(4), the Court granted declaratory relief for the two violations but dismissed claims for damages, letters of apology and any order to lift the travel ban; each party bears its own costs.

Court Disposition

Declaratory judgment that Air Canada violated the OLA in the corridor/airport after removal and by sending an English-only tariff; all other relief dismissed; costs to be borne by each party.

Orders

  • Declare that Air Canada failed to fulfill obligations under Part IV of the Official Languages Act by failing to provide French services after the applicant’s removal in the corridor leading to the boarding area and at the Fort Lauderdale airport on November 11, 2009
  • Declare that Air Canada failed to fulfill obligations under Part IV of the Official Languages Act by sending the applicant an English-only tariff on December 2, 2009