Summary

Keywords

Transportation law - Air transport.

Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Transportation law – Air transportation – Unreasonable or unduly discriminatory terms or conditions – Large or obese persons – Complaints to the Canadian Transportation Agency – Standing to bring complaint – Whether the Canadian Transportation Agency has the authority to decline to hear complaints on the basis of lack of standing – Whether the law of standing, including public interest standing, is applicable in the administrative law context – Canada Transportation Act, S.C. 1996, c. 10, s. 67.2(1) – Air Transportation Regulations, SOR/88-58, r. 111(2).

Mr. Lukacs, respondent, filed a complaint with the Canadian Transportation Agency (“Agency”) alleging that some of the applicant Delta Air Lines’ policies with respect to the transportation of “large (obese)” passengers were discriminatory, contrary to r. 111(2) of the Air Transportation Regulations, SOR/88-58. The Agency dismissed the complaint on the basis that Mr. Lukacs lacked standing to bring the complaint. The Federal Court of Appeal reversed that decision on the basis that the Agency’s decision to refuse to look into Mr. Lukacs’s complaint on the sole basis that he did not meet the standing requirements developed by the courts of civil jurisdiction was unreasonable.