Case information
Consult our database for details on a Supreme Court of Canada case.
40949
Dora Berenguer v. Sata Internacional- Azores Airlines, S.A.
(Federal) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2024-04-12 | Close file on Leave | |
| 2024-04-11 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-04-11 | Judgment on leave sent to the parties | |
| 2024-04-11 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Federal Court of Appeal, A-138-21, Number 2023 FCA 176, dated August 16, 2023, is dismissed with costs. Dismissed, with costs |
|
| 2024-03-04 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-12-18 | Applicant's reply to respondent's argument, (Book Form), (Included in the memorandum of argument in response to the cross-appeal), Completed on: 2023-12-18, (Electronic version filed on 2023-12-19) | Dora Berenguer |
| 2023-12-18 | Memorandum of argument in response to the cross-appeal, (Book Form), Completed on: 2023-12-18 | Dora Berenguer |
| 2023-11-17 | Respondent's response on the application for leave to appeal, (Book Form), (Included in the application for leave to cross-appeal), Completed on: 2023-11-17 | Sata Internacional- Azores Airlines, S.A. |
| 2023-11-17 |
Application for leave to cross-appeal, (Book Form), INCLUDES RESPONSE MIssing: - filing fee (Rec'd 2023-11-30), Completed on: 2023-12-01, (Printed version filed on 2023-11-17) |
Sata Internacional- Azores Airlines, S.A. |
| 2023-11-17 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2023-11-17) | Sata Internacional- Azores Airlines, S.A. |
| 2023-11-17 | Notice of name, (Letter Form), (Printed version filed on 2023-11-17) | Sata Internacional- Azores Airlines, S.A. |
| 2023-11-06 | Correspondence received from, (Letter Form), (Printed version due on 2023-11-14) | Dora Berenguer |
| 2023-10-18 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2023-10-16 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2023-10-18) | Dora Berenguer |
| 2023-10-16 | Application for leave to appeal, (Book Form), Completed on: 2023-10-16, (Printed version filed on 2023-10-18) | Dora Berenguer |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Berenguer, Dora | Applicant / Respondent on cross-appeal | Active |
v.
| Name | Role | Status |
|---|---|---|
| Sata Internacional- Azores Airlines, S.A. | Respondent / Applicant on cross-appeal | Active |
Counsel
Party: Berenguer, Dora
Counsel
Sébastien A Paquette
Simon Lin
1434 Sainte-Catherine St West, Suite 200
Montreal, Quebec
H3G 1R4
Telephone: (514) 944-7344
FAX: (514) 800-2286
Email: jmartin@champlainavocats.com
Agent
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Party: Sata Internacional- Azores Airlines, S.A.
Counsel
Andrew Macdonald
Emma Romano
4100 – 66 Wellington Street West
PO BOX 35, TD Bank Tower
Toronto, Ontario
M5K 1B7
Telephone: (416) 619-6284
Email: cmartins@weirfoulds.com
Agent
340 Gilmour Street
Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Summary
Keywords
Civil procedure — Class actions — Certification of issues — Should common law courts be empowered to decide pure questions of law at the certification stage of a class action — Does s. 23(b) of the Federal Courts Act grant concurrent jurisdiction to hear actions arising from an air carrier’s tariff — Is a defendant required to demonstrate that a proposed alternative procedure is capable of granting the same remedies as are sought in a class action or merely that the alternative procedure exists?
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.
Ms. Berenguer filed a motion to certify a class action against SATA Internacional – Azores Airlines, S.A. Ms. Berenguer claims that she is entitled to cash compensation for flight delays. SATA Internacional – Azores Airlines, S.A brought a motion to have the amended statement of claim struck without leave to amend. The Federal Court dismissed the motion for certification and struck the amended statement of claim. The Federal Court of Appeal set aside the order striking the amended statement of claim and dismissed an appeal from the dismissal of the certification application.
Lower court rulings
Federal Court
2021 FC 394
Motion for certification of proposed class action dismissed; Motion to strike amended statement of claim without leave to amend granted
Federal Court of Appeal
2023 FCA 176, A-138-21
Appeal allowed in part
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available