Canada (Attorney General) v. Prism Helicopters Limited
The appeal was dismissed as moot because the exemption at issue had lapsed and the court was not persuaded to exercise its discretion to hear a moot appeal, particularly given the respondent's absence and lack of representation; accordingly the Federal Court of Appeal dismissed the appeal and awarded no costs.
Source-derived case information.
- Citation
- 2008 FCA 353
- Parties
- Appellant: The Attorney General of Canada; Respondent: Prism Helicopters Limited; Intervener: Transportation Appeal Tribunal of Canada
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 13 November 2008
- Procedural Posture
- Appeal From Federal Court — Judicial Review of Administrative Decision / Final Judgment (dismissed as Moot)
- Outcome
- Appeal dismissed as moot
- Legal Topics
- Jurisdiction of Administrative Tribunal, Mootness Doctrine, Discretion to Hear Moot Appeals, Exemption Under the Aeronautics Act
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
The Attorney General of Canada
Appellant
Prism Helicopters Limited
Respondent
Transportation Appeal Tribunal of Canada
Intervener
Procedural Posture
Appeal From Federal Court — Judicial Review of Administrative Decision / Final Judgment (dismissed as Moot)
Legal Issues
- 1 Whether the Transportation Appeal Tribunal of Canada had jurisdiction to review the Minister of Transport's decision to cancel an exemption under the Aeronautics Act
- 2 Whether the appeal was moot and whether the Court should exercise its discretion to hear a moot appeal
Ratio Decidendi
The appeal was dismissed as moot because the exemption at issue had lapsed and the court was not persuaded to exercise its discretion to hear a moot appeal, particularly given the respondent's absence and lack of representation; accordingly the Federal Court of Appeal dismissed the appeal and awarded no costs.
Court Disposition
Appeal dismissed as moot
Orders
- Appeal dismissed
- No costs awarded
Full Case Text
Judgment text and source record
1 paragraphs
Canada (Attorney General) v. Prism Helicopters Limited Court (s) Database Federal Court of Appeal Decisions Date 2008-11-13 Neutral citation 2008 FCA 353 File numbers A-33-08 Decision Content Date: 20081113 Docket: A-33-08 Citation: 2008 FCA 353 CORAM: NOËL J.A. BLAIS J.A. PELLETIER J.A. BETWEEN: THE ATTORNEY GENERAL OF CANADA Appellant and PRISM HELICOPTERS LIMITED Respondent and TRANSPORTATION APPEAL TRIBUNAL OF CANADA Intervener Heard at Ottawa, Ontario, on November 13, 2008. Judgment delivered from the Bench at Ottawa, Ontario, on November 13, 2008. REASONS FOR JUDGMENT OF THE COURT BY: NOËL J.A. Date: 20081113 Docket: A-33-08 Citation: 2008 FCA 353 CORAM: NOËL J.A. BLAIS J.A. PELLETIER J.A. BETWEEN: THE ATTORNEY GENERAL OF CANADA Appellant and PRISM HELICOPTERS LIMITED Respondent and TRANSPORTATION APPEAL TRIBUNAL OF CANADA Intervener REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Ottawa, Ontario, on November 13, 2008.) NOËL J.A. [1] This is an appeal from the decision of Federal Court upholding a decision of the Transportation Appeal Tribunal of Canada (the Tribunal), wherein it held that it had jurisdiction to review a decision of the Minister of Transport to cancel an exemption issued pursuant of the Aeronautics Act, R.S., 1985, c. A-2 [2] The exception which forms the subject matter of the proceedings before the Tribunal has lapsed thereby rendering the present appeal moot. The respondent has filed no factum and is not represented in the appeal before us. Neither the appellant nor the intervener can confirm that the respondent has a continuing interest in these proceedings. The intervener Tribunal is left to defend on its own the decision a quo, a situation that is highly unusual. [3] In the circumstance, we are not persuaded that we should exercise our discretion to entertain the appeal despite its mootness. [4] The appeal is accordingly dismissed, no costs are awarded. “Marc Noël” J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-33-08 (APPEAL FROM A JUDGMENT OF THE DEPUTY JUDGE FRÉNETTE OF THE FEDERAL COURT DATED DECEMBER 20, 2007, NO. T-693-07.) STYLE OF CAUSE: The Attorney General of Canada and Prism Helicopters Limited and Transportation Appeal Tribunal of Canada PLACE OF HEARING: Ottawa, Ontario DATE OF HEARING: November 13, 2008 REASONS FOR JUDGMENT OF THE COURT BY: Noël, Blais, Pelletier JJ.A. DELIVERED FROM THE BENCH BY: Noël J.A. APPEARANCES: Gregory Tzemenakis Alexandre D. Kaufman FOR THE APPELLANT Jack Hughes FOR THE INTERVENER SOLICITORS OF RECORD: John H. Sims, Q.C. Deputy Attorney General of Canada FOR THE APPELLANT Borden Ladner Gervais LLP Ottawa, Ontario FOR THE INTERVENER