Skip to main content

Case information

Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.


41495

Air Passenger Rights v. Attorney General of Canada

(Federal) (Civil) (By Leave)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
2025-11-12 Close file on Leave
2025-11-05 Correspondence (sent by the Court) to, all parties: RE: Certificate of Taxation
2025-11-05 Certificate of taxation issued to, Sanderson Graham
2025-11-05 Decision on the bill of costs, in the amount of $1,031.50, Reg
2025-11-05 Submission of the bill of costs, Reg
2025-10-22 Response to the bill of costs, Completed on: 2025-10-29 Air Passenger Rights
2025-10-15 Bill of costs, UNDER REVIEW, Completed on: 2025-10-22 Attorney General of Canada
2025-04-17 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2025-04-17 Judgment on leave sent to the parties
2025-04-17 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, Number A-102-20, 2024 FCA 128, dated August 12, 2024, is dismissed with costs.
Dismissed, with costs
2025-02-10 All materials on application for leave submitted to the Judges, for consideration by the Court
2024-11-25 Applicant's reply to respondent's argument, (Book Form), Completed on: 2024-11-25, (Printed version filed on 2024-11-28) Air Passenger Rights
2024-11-15 Certificate (on limitations to public access), 23A, (Printed version filed on 2024-11-22) Attorney General of Canada
2024-11-15 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2024-11-15, (Printed version filed on 2024-11-22) Attorney General of Canada
2024-10-18 Correspondence received from, Regarding style of cause Air Passenger Rights
2024-10-16 Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED
2024-10-11 Certificate (on limitations to public access), 23A, (Printed version filed on 2024-10-17) Air Passenger Rights
2024-10-11 Notice of name, (Printed version filed on 2024-10-17) Air Passenger Rights
2024-10-11 Application for leave to appeal, (Book Form), Completed on: 2025-01-27, (Printed version filed on 2024-10-17) Air Passenger Rights

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

Main parties - Appellants
Name Role Status
Air Passenger Rights Applicant Active

v.

Main parties - Respondents
Name Role Status
Attorney General of Canada Respondent Active

Other parties

Other parties
Name Role Status
Canadian Transport Agency Intervener Active

Counsel

Party: Air Passenger Rights

Counsel
Name
Simon Lin
Contact information
Evolink Law Group
4388 Still Creek Drive, Suite 237
Burnaby, British Columbia
V5C 6C6
Telephone: (604) 620-2666
FAX: (778) 805-9830
Email: simonlin@evolinklaw.com

Party: Attorney General of Canada

Counsel
Names
Sanderson Graham
Lorne Ptack
Contact information
Attorney General of Canada
Department of Justice Canada - Civil Litigation Section
50 O'Connor Street, Suite 300
Ottawa, Ontario
K1A 0H8
Telephone: (613) 296-4469
FAX: (613) 954-1920
Email: Sandy.Graham@justice.gc.ca
Agent
Name
Zoe Oxaal
Contact information
Department of Justice Canada
National Litigation Sector
50 O'Connor Street, Suite 500
Ottawa, Ontario
K1A 0H8
Telephone: (613) 295-0765
FAX: (613) 954-1920
Email: SCCAgentCorrespondantCSC@justice.gc.ca

Party: Canadian Transport Agency

Counsel
Name
Kevin Shaar
Contact information
Canada Transportation Agency
15 Eddy Street
19th Floor
Gatineau, Quebec
K1A 0N9
Telephone: (819) 994-4283
FAX: (819) 997-6727
Email: kevin.shaar@otc-cta.gc.ca

Summary

Keywords

Administrative law – Judicial review – What is the correct test for availability of judicial review in the federal courts – Whether the Federal Court of Appeal’s approach practically eliminates the longstanding common law writ of prohibition – Whether the Federal Court of Appeal erred?

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.

Air Passenger Rights applied for judicial review of a Statement on Vouchers published by the intervener, Canadian Transportation Agency (CTA), on or about March 25, 2020, and a CTA webpage titled “Important Information for Travellers During COVID-19” that referred to the Statement. The Statement was issued in response to the mass cancellation of domestic and international flights that occurred during the first weeks of the COVID-19 pandemic in Canada in March 2020. The application for judicial review was dismissed by the Federal Court of Appeal.

Lower court rulings

August 12, 2024
Federal Court of Appeal

2024 FCA 128

Application for judicial review dismissed with costs in the amount of $3,000.

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 613‑996‑7933 or at 1‑888‑551‑1185.

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

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 613‑996‑7933 or at 1‑888‑551‑1185.

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

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 613‑996‑7933 or at 1‑888‑551‑1185.

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

Webcasts

Not available.

Date modified: 2026-01-20