2020 FC, 2020 FC 1105

Date: 20201130 Docket: T-519-19 Citation: 2020 FC 1105 Vancouver, British Columbia, November 30, 2020 PRESENT: The Honourable Madam Justice McVeigh PROPOSED CLASS ACTION BETWEEN: BRIAN ROY Plaintiff and THE CALGARY AIRPORT AUTHORITY EDMONTON REGIONAL AIRPORTS AUTHORITY FORT MCMURRAY AIRPORT AUTHORITY GRANDE PRAIRIE AIRPORT COMMISSION COMOX VALLEY AIRPORT COMMISSION NORTH PEACE AIRPORT SERVICES LTD. KAMLOOPS AIRPORT AUTHORITY SOCIETY KAMLOOPS AIRPORT LTD. PRINCE GEORGE AIRPORT AUTHORITY INC. VANCOUVER AIRPORT AUTHORITY VICTORIA AIRPORT AUTHORITY WINNIPEG AIRPORTS AUTHORITY INC.

GREATER MONCTON INTERNATIONAL AIRPORT AUTHORITY INC. GANDER INTERNATIONAL AIRPORT AUTHORITY INC. ST. JOHN’S INTERNATIONAL AIRPORT AUTHORITY DEER LAKE REGIONAL AIRPORT AUTHORITY INC. HALIFAX INTERNATIONAL AIRPORT AUTHORITHY HAMILTON INTERNATIONAL AIRPORT LIMITED GREATER LONDON INTERNATIONAL AIRPORTS AUTHORITY OTTAWA MACDONALD-CARTIER INTERNATIONAL AIRPORT AUTHORITY SAULT STE. MARIE AIRPORT DEVELOPMENT CORPORATION GREATER TORONTO AIRPORTS AUTHORITY AÉROPORTS DE MONTRÉAL AEROPORT INTERNATIONAL DE MONT TREMBLANT INC AÉROPORT DE QUÉBEC INC. REGINA AIRPORT AUTHORITY SASKATOON AIRPORT AUTHORITY

NANAIMO AIRPORT COMMISSION THOMPSON REGIONAL AIRPORT AUTHORITY FREDERICTON INTERNATIONAL AIRPORT AUTHORITY SAINT JOHN AIRPORT INC. NORTHERN NEW BRUNSWICK AIRPORT AUTHORITY J.A. DOUGLAS MCCURDY SYDNEY AIRPORT SYDNEY AIRPORT AUTHORITY YOUR QUICK GATEWAY (WINDSOR) INC. CHARLOTTETOWN AIRPORT AUTHORITY INC. Defendants CONSENT ORDER UPON motion by the Plaintiff to amend the Statement of claim dated March 25, 2019. in the form attached as

Schedule “A” to the Plaintiff’s Notice of Motion dated August 5, 2020; AND UPON motion by all of the Defendants, except Kamloops Airport Authority Society, Grande Prairie Airport Commission, and Thompson Regional Airport Authority (hereafter the “Moving Defendants”) for an order pursuant to Rule 221 of the Federal Courts Rules to strike out the Plaintiff’s Statement of Claim for not pleading a reasonable cause of action under the Competition Act , and also lack of subject-matter jurisdiction; AND UPON considering all of the Defendants’ and the Plaintiff’s consent to the terms of this Order; THIS COURT ORDERS that : 1 . The Statement of Claim is hereby amended in the form attached as

Schedule “A” to the Plaintiff’s Notice of Motion dated August 5, 2020 (the “Amended Statement of Claim”); 2 . The Moving Defendants’ motion is granted; 3 . The Plaintiff’s Amended Statement of Claim is struck against all Defendants pursuant to Rule 221(1)(

a) as presently disclosing no reasonable cause of action under the Competition Act and for lack of subject-matter jurisdiction for the causes of action set out in the Amended Statement of Claim; 4 . For greater certainty, this Order: a . is not an adjudication on the merits of the Plaintiff’s claims; and b . is without prejudice to the Plaintiff or any putative class member from continuing, refiling, filing, and/or recommencing any of the claims in the Statement of Claim or Amended Statement of Claim before a provincial superior court. 5 . Pursuant to Rule 334.39, all parties to this action shall bear their own costs. “Glennys L. McVeigh” Judge