AIR CANADA Appellant v. JEREMY COOPERSTOCK, 2019 FCA 226

Date: 20190904 Docket: A-188-18 Citation: 2019 FCA 226 CORAM: NADON J.A. GLEASON J.A. RIVOALEN J.A. BETWEEN: AIR CANADA Appellant and JEREMY COOPERSTOCK and CANADIAN TRANSPORTATION AGENCY Respondents Heard at Montréal, Quebec, on September 4, 2019. Judgment delivered from the Bench at Montréal, Quebec, on September 4, 2019. REASONS FOR JUDGMENT OF THE COURT BY: NADON J.A. Date: 20190904 Docket: A-188-18 Citation: 2019 FCA 226 CORAM: NADON J.A. GLEASON J.A. RIVOALEN J.A.

BETWEEN: AIR CANADA Appellant and JEREMY COOPERSTOCK and CANADIAN TRANSPORTATION AGENCY Respondents REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Montréal, Quebec, on September 4, 2019).

NADON J.A. [ 1 ] We are all of the view that Air Canada’s appeal must be allowed. [ 2 ] In our view, it is undeniable that Air Canada’s letter of January 28, 2016, to one of its passengers (sent by a Baggage Claims Specialist) and which dealt with that passenger’s claim for delay in delivery of her luggage upon arrival in Costa Rica, cannot reasonably constitute a public statement by Air Canada within the meaning of paragraph 18 (

b) of the Air Transportation Regulations , S.O.R./88-58

(the Regulations ). [ 3 ] Consequently, the Canadian Transportation Agency (the Agency)’s conclusion that Air Canada made a false statement in accordance with paragraph 18 (

b) of the Regulations cannot stand as it is clearly unreasonable. [ 4 ] For these reasons, the appeal will be allowed and the Agency’s decision no. 105-C-A-2017 will be set aside. "M. Nadon J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD Docket: A-188-18 STYLE OF CAUSE: AIR CANADA v. JEREMY COOPERSTOCK, AND CANADIAN TRANSPORTATION AGENCY PLACE OF HEARING: Montréal, Quebec DATE OF HEARING: September 4, 2019 REASONS FOR JUDGMENT OF THE COURT BY: NADON J.A. GLEASON J.A. RIVOALEN J.A. DELIVERED FROM THE BENCH BY: NADON J.A.

APPEARANCES : Patrick Girard Rémi Leprévost For The Appellant AIR CANADA Allan Matte For The Respondent CANADIAN TRANSPORTATION AGENCY SOLICITORS OF RECORD : Stikeman Elliott LLP Montréal, Quebec For The Appellant AIR CANADA Nathalie G. Drouin Deputy Attorney General of Canada Ottawa, Ontario For The Respondent CANADIAN TRANSPORTATION AGENCY