Latest news with #CanadianTransportationAgency
CBC
5 days ago
- Business
- CBC
Air passenger rights group files court challenge to 'unconstitutional' rules it says muzzle travellers
Social Sharing Jill Rorabeck says she wishes she'd never turned to Canada's airline regulator to settle her dispute with Swoop Airlines. Not only did the Canadian Transportation Agency (CTA) side with the airline, Rorabeck can't even share the details of her dispute. The Toronto woman submitted a complaint almost three years ago with the CTA, which acts as a mediator between airlines and passengers in air travel complaints. She learned in January that she lost her case, but due to legislation passed in 2023 that prevents passengers from sharing full details of CTA decisions, she's not allowed to reveal key information about what happened. "No one can warn others about their experiences," said Rorabeck. "There is zero accountability on the part of the airlines or the CTA." The Air Passenger Rights organization — a Halifax-based nonprofit — has now filed a constitutional challenge in Ontario's Superior Court of Justice, arguing Canadians should have access to the decisions made by the CTA's quasi-judicial tribunal. "We believe that the way the complaint process has been set up at the Canadian Transportation Agency violates fundamental rights," said Air Passenger Rights founder Gábor Lukács. At issue is section 85.09(1) of the Canadian Transportation Act, which says once the CTA issues a decision, neither the airline nor the passenger involved is allowed to openly share the details — unless both parties agree. Since that rule was implemented, not a single case has been made fully public, which Lukács says gives airlines the strategic advantage of having access to previous rulings while passengers remain unaware of how complaints are being decided. "The only entities that benefit from this are the airlines," said Lukács. "Individual passengers don't have the experience or don't have the knowledge of what arguments work and don't work while the airlines compile these huge databases of their own cases." Prior to the 2023 changes, full decisions issued by the CTA were posted online, but now only basic information is available. So key details, such as the reasons behind a ruling, remain confidential. The regulator says the new system is faster, fair and more efficient. The lawsuit argues that the CTA has a quasi-judicial role, so rules that muzzle passengers violate the open court principle in law, which says court proceedings should be open to the public. It's a fundamental aspect of a democratic justice system, ensuring transparency and public confidence in the legal process, says Paul Daly, a constitutional lawyer and research chair in the Administrative Law and Governance program at the University of Ottawa. "The fact that decisions are not published and proceedings are kept confidential, it tilts the playing field in favour of the airlines," said Daly. "I, you or anyone else should be able to walk into any courthouse in the country any day of the week and attend a hearing or access documents … that are in the registry." As part of its legal argument, Air Passenger Rights asked for the decisions, reasons and all documents for five air passenger complaint files last July in an effort to demonstrate that the CTA systematically denies all such requests. The secretariat of the agency denied the request a month later, citing section 85.09(1) of the Canadian Transport Act as the basis for its refusal. "They are trying to use this provision as a way of refusing to disclose information that should be disclosed," Lukács said. The lawsuit argues that the current rules prevent Air Passenger Rights from doing its job, because it needs to know how complaints are being decided in order to provide information and resources to passengers and push for improvements. It also argues that the secrecy around decisions prevents media and other organizations from "effectively communicating information about air passenger complaint proceedings." The lawsuit calls for a hearing to be held by video conference. No date for the hearing has been set.
Calgary Herald
02-05-2025
- Business
- Calgary Herald
WestJet loses attempt to short-circuit B.C. lawsuit by passengers with disabilities
Article content WestJet has lost its application to stop a proposed class-action lawsuit that claims the airline is unfairly charging passengers with disabilities extra fees when they need more space on international flights, according to a B.C. Appeal Court decision. Article content The class action was launched in 2021 in B.C. Supreme Court by Canadian Paralympian Paul Gauthier and Christopher Reaume — who use wheelchairs and need extra seating to accommodate their disabilities — against WestJet and other Canadian airlines on behalf of passengers with disabilities. Article content Article content The suit alleged WestJet's levying of extra charges against passengers with disabilities who require extra space contravenes existing provincial consumer protection, and is unconscionable and unenforceable. Article content In 2008, the Canadian Transportation Agency required Canadian airlines to stop charging extra fares or fees to passengers needing more room because of disabilities. But that regulation didn't apply to international flights. Article content The proposed lawsuit is asking for Canadian airlines to follow provincial consumer laws and stop charging the fees on international flights. It seeks damages for the class members and reimbursement for past charges. Article content In 2023, WestJet asked the B.C. Supreme Court to throw out the case, arguing it was a claim for discrimination that could be remedied under the Canadian Transportation Act or the Canada Human Rights Act and should not go to the courts. Article content The B.C. Supreme Court refused the throw out the case, so WestJet appealed. Article content Article content Now the Appeal Court has sided with the B.C. Supreme Court in a decision written by Justice Gail Dickson and agreed to by Justice Lauri Ann Fenlon and Justice Janet Winteringham. Article content Article content WestJet also argued the lawsuit was bound to fail because the federal regulations for accessible transportation for passengers with disabilities allows it to charge fares per seat and not per person. Article content It also argued that federal rules take precedence over the provincial consumer protection laws. The Appeal Court justices disagreed, saying the federal regulations could be compatible with the provincial consumer protection law. Article content The Canadian Transportation Agency, which provides passengers with disabilities equal access to transportation, had earlier rejected WestJet's argument in a case about domestic flights that 'one-person, one-fare pricing would be prohibitively expensive and heavily abused,' according to Dickson's judgment. The agency said WestJet would lose about 16 cents on average in revenue per flight, which it said was not an undue hardship. Article content Article content
Vancouver Sun
02-05-2025
- Business
- Vancouver Sun
WestJet loses attempt to short-circuit B.C. lawsuit by passengers with disabilities
Article content WestJet has lost its application to stop a proposed class-action lawsuit that claims the airline is unfairly charging passengers with disabilities extra fees when they need more space on international flights, according to a B.C. Appeal Court decision. Article content The class action was launched in 2021 in B.C. Supreme Court by Canadian Paralympian Paul Gauthier and Christopher Reaume — who use wheelchairs and need extra seating to accommodate their disabilities — against WestJet and other Canadian airlines on behalf of passengers with disabilities. Article content Article content The suit alleged WestJet's levying of extra charges against passengers with disabilities who require extra space contravenes existing provincial consumer protection, and is unconscionable and unenforceable. Article content Article content In 2008, the Canadian Transportation Agency required Canadian airlines to stop charging extra fares or fees to passengers needing more room because of disabilities. But that regulation didn't apply to international flights. Article content The proposed lawsuit is asking for Canadian airlines to follow provincial consumer laws and stop charging the fees on international flights. It seeks damages for the class members and reimbursement for past charges. Article content In 2023, WestJet asked the B.C. Supreme Court to throw out the case, arguing it was a claim for discrimination that could be remedied under the Canadian Transportation Act or the Canada Human Rights Act and should not go to the courts. Article content The B.C. Supreme Court refused the throw out the case, so WestJet appealed. Article content Article content Now the Appeal Court has sided with the B.C. Supreme Court in a decision written by Justice Gail Dickson and agreed to by Justice Lauri Ann Fenlon and Justice Janet Winteringham. Article content Article content WestJet also argued the lawsuit was bound to fail because the federal regulations for accessible transportation for passengers with disabilities allows it to charge fares per seat and not per person. Article content It also argued that federal rules take precedence over the provincial consumer protection laws. The Appeal Court justices disagreed, saying the federal regulations could be compatible with the provincial consumer protection law. Article content The Canadian Transportation Agency, which provides passengers with disabilities equal access to transportation, had earlier rejected WestJet's argument in a case about domestic flights that 'one-person, one-fare pricing would be prohibitively expensive and heavily abused,' according to Dickson's judgment. The agency said WestJet would lose about 16 cents on average in revenue per flight, which it said was not an undue hardship. Article content Article content
CBC
08-04-2025
- Business
- CBC
N.W.T. asks regulator to intervene in CN Rail's decision to scrap rail line
CN Rail decided last year not to fix 30-km stretch of rail line between Hay River and Enterprise The N.W.T. government has asked federal regulators to intervene in CN Rail's decision to not fix its damaged rail line between Hay River and Enterprise, arguing the company has a legal obligation to keep the line functional. "The [government of the Northwest Territories] will not stand by as CN Rail shirks its responsibility," reads a written statement from N.W.T. Infrastructure Minister Vince McKay, in a news release on Monday. The government says it applied to the Canadian Transportation Agency for adjudication, saying the rail company "has failed to fulfil its obligations under the Canada Transportation Act." "As a common carrier, CN Rail has a legal duty to maintain this rail line and ensure the continued flow of goods to the N.W.T.'s most vulnerable communities," McKay's statement reads. CN said last year that it had decided not to rebuild a critical 30 kilometres of railway between Enterprise and Hay River that was damaged in 2023's wildfires. It said at the time that the decision followed "thoughtful engagement with local stakeholders and customers," but did not provide any details about who was consulted. The company also said that the repair costs were too high for the customer volume in the region. Territorial officials, however, argued that the rail line was part of a rail and barge corridor that supplies essential goods to rural communities up the Mackenzie Valley, and Inuit communities of the High Arctic. On Monday, the territory again blasted CN Rail for "shirk[ing] its responsibilities." "To be clear, this issue goes beyond just a damaged rail line — it is about protecting the livelihood of N.W.T. residents," the news release states. "CN's decision to abandon this critical infrastructure is a failure of corporate responsibility and contradicts the very principles of reconciliation and respect that the company has publicly committed to through its Indigenous Relations Policy." The damaged rail line is already having a "profound and detrimental effect" on many of the territory's remote communities, it says, by putting further strain on supply chains and transportation costs. The multi-billion-dollar company can afford to fix the line, the territory says, but has instead chosen to "neglect its responsibilities." The railway company stated last year that, under Canadian Transportation Agency rules, rail companies must follow a three-year process to shut down a section of track. After a year on the list, CN can attempt to sell it. Former infrastructure minister Caroline Wawzonek said earlier that the territory wouldn't fund the repair, as the $15 million needed to fix the 30-kilometre stretch "isn't an appropriate use of public tax dollars." She also said then that the territory was looking at its legal options to address the issue. McKay says the Canadian Transportation Agency has accepted its application for adjudication, and that he will not comment further while the adjudication process is underway. The agency is an independent regulator and quasi-judicial tribunal that focuses on the national transportation system, including issues related to air, marine and rail transport. Adjudication can lead to a legally binding decision.
CBC
08-04-2025
- Business
- CBC
N.W.T. asks regulator to intervene in CN Rail's decision to scrap rail line
The N.W.T. government has asked federal regulators to intervene in CN Rail's decision to not fix its damaged rail line between Hay River and Enterprise, arguing the company has a legal obligation to keep the line functional. "The [government of the Northwest Territories] will not stand by as CN Rail shirks its responsibility," reads a written statement from N.W.T. Infrastructure Minister Vince McKay, in a news release on Monday. The government says it applied to the Canadian Transportation Agency for adjudication, saying the rail company "has failed to fulfil its obligations under the Canada Transportation Act." "As a common carrier, CN Rail has a legal duty to maintain this rail line and ensure the continued flow of goods to the N.W.T.'s most vulnerable communities," McKay's statement reads. CN said last year that it had decided not to rebuild a critical 30 kilometres of railway between Enterprise and Hay River that was damaged in 2023's wildfires. It said at the time that the decision followed "thoughtful engagement with local stakeholders and customers," but did not provide any details about who was consulted. The company also said that the repair costs were too high for the customer volume in the region. Territorial officials, however, argued that the rail line was part of a rail and barge corridor that supplies essential goods to rural communities up the Mackenzie Valley, and Inuit communities of the High Arctic. On Monday, the territory again blasted CN Rail for "shirk[ing] its responsibilities." "To be clear, this issue goes beyond just a damaged rail line — it is about protecting the livelihood of N.W.T. residents," the news release states. "CN's decision to abandon this critical infrastructure is a failure of corporate responsibility and contradicts the very principles of reconciliation and respect that the company has publicly committed to through its Indigenous Relations Policy." The damaged rail line is already having a "profound and detrimental effect" on many of the territory's remote communities, it says, by putting further strain on supply chains and transportation costs. The multi-billion-dollar company can afford to fix the line, the territory says, but has instead chosen to "neglect its responsibilities." The railway company stated last year that, under Canadian Transportation Agency rules, rail companies must follow a three-year process to shut down a section of track. After a year on the list, CN can attempt to sell it. Former infrastructure minister Caroline Wawzonek said earlier that the territory wouldn't fund the repair, as the $15 million needed to fix the 30-kilometre stretch "isn't an appropriate use of public tax dollars." She also said then that the territory was looking at its legal options to address the issue. McKay says the Canadian Transportation Agency has accepted its application for adjudication, and that he will not comment further while the adjudication process is underway. The agency is an independent regulator and quasi-judicial tribunal that focuses on the national transportation system, including issues related to air, marine and rail transport. Adjudication can lead to a legally binding decision. In an email to CBC News on Monday, a CN Rail spokesperson said the company last May "communicated our formal decision to initiate the discontinuance process of our line from Enterprise to Hay River with all levels of government, key stakeholders, and our customers."
