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Canada Case Law

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Administrative law 2025 BCSC 2145

Air Passenger Rights v. WestJet Airlines Ltd.

The court held that air passenger compensation under the Passenger Regulation is a statutory entitlement, not a debt, and dismissed the petition for lack of standing and jurisdiction.

  • Standing
  • Assignment
  • Tribunal jurisdiction
  • Statutory interpretation
  • Passenger regulation
  • Montreal convention exclusivity
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Human rights 2025 CHRT 62

Ongena v. Transport Canada

Tribunal case management ruling imposing strict disclosure, witness-summary and expert-report deadlines, with a December 2025 hearing scheduled.

  • Genetic characteristics
  • Disability discrimination
  • Disclosure obligations
  • Case management and scheduling
  • Procedural fairness
  • Disability-discrimination
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Administrative law 2024 FC 1527

Slave Lake Helicopters Ltd. v. Canada

The Federal Court struck Slave Lake Helicopters Ltd.’s claim for misfeasance in public office, finding insufficient material facts and no leave to amend.

  • Misfeasance in public office
  • Striking pleadings under rule 221
  • Bad faith subjective knowledge
  • Statutory/regulatory interpretation
  • Atip disclosure
  • Misfeasance-in-public-office
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Administrative law 2024 FC 635

Chrono Aviation Inc. v. Canada (Attorney General)

The Federal Court dismissed Chrono Aviation’s stay motion against a night-flight ban at Saint-Hubert Airport, finding no convincing evidence of irreparable harm.

  • Judicial review
  • Interim injunction/stay
  • Noise control regulation
  • Procedural fairness
  • Irreparable harm
  • Balance of convenience
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Property law 2022 ONCA 131

Collingwood Aviation Partners Ltd. v. Winterland Airfield Holdings Ltd.

The Operating Agreement, viewed against the historical factual matrix and consistent with an implied easement, granted CAPL unimpeded access to the airport lands; Winterland therefore could not charge access/user fees tied to that right; Winterland failed to prove CAPL was underinsured; no reversible error in the application judge's factual findings or legal application, so the appeal is dismissed and costs awarded to the respondent.

  • Easement by implication
  • Contract interpretation
  • Declaratory relief
  • User fees
  • Costs award
  • Insurance adequacy
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Property 2020 BCSC 1991

Airside Event Spaces Inc. v. The Township of Langley

The court dismissed Airside's petition for relief from forfeiture after finding repeated unauthorized subletting, unpermitted construction, refusal of inspections, and unclean hands.

  • Relief from forfeiture
  • Lease termination
  • Subletting
  • Building permits
  • Inspections
  • Unclean hands
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Employment insurance 2020 SST 1104

SL v Canada Employment Insurance Commission

Claimant voluntarily resigned but did not prove just cause because (1) the employment agreement and job description reasonably required upgrade to Captain before relocation so employer did not breach the contract; (2) scheduling practices did not breach flight duty regulations because on-call time did not qualify as flight duty period; (3) claimant did not have reasonable assurance of new employment because no start date was known; and (4) claimant had reasonable alternatives (wait for employer to respond, obtain firm start date or refuse unsafe flights). Therefore claimant was not entitled t…

  • Just cause for voluntary leaving
  • Reasonable alternatives
  • Danger to health or safety
  • Breach of employment agreement
  • Reasonable assurance of employment
  • Flight duty regulations
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Administrative law 2019 FCA 226

Air Canada v. Cooperstock

The Agency's conclusion was clearly unreasonable because a private correspondence from a Baggage Claims Specialist to an individual passenger could not reasonably be characterized as a "public statement" under paragraph 18(b) of the Air Transportation Regulations; therefore the Agency's decision was set aside.

  • Air transportation regulations
  • Paragraph 18(b)
  • Public statement
  • False statement
  • Reasonableness review
  • Statutory interpretation
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Aviation regulation 2018 BCCA 459

British Columbia (Workers’ Compensation Board) v. Flanagan Enterprises (Nevada) Inc.

The British Columbia Court of Appeal dismissed the WCB’s appeal, upholding findings that Transport Canada owed no private duty of care and that the FTA AOC was valid.

  • Duty of care
  • Standard of care
  • Foreign air operator certificate (fta aoc)
  • Nafta specialty air services (sas) regime
  • Definition of operator
  • Proximity and policy considerations
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Administrative law 2018 FCA 92

Lukács v. Canada (Canadian Transportation Agency)

The Federal Court of Appeal (majority) held the Agency's Decision No. 91-C-A-2016 was reasonable because the Agency permissibly interpreted its prior Decision No. 49-C-A-2016 as addressing the amount of compensation in Rule 87(B)(3)(B) rather than the separate conditions in Rule 87(B)(3)(A); because the exceptions in (A) were not the subject of the original complaint or prior proceedings, the Agency was reasonable to treat compliance as confined to the amount provision and to find British Airways' proposed wording compliant.

  • Reasonableness review
  • Tariff disclosure
  • Denied boarding compensation
  • Interpretation of agency orders
  • Eu regulation 261/2004 incorporation
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.