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Air Canada ordered to pay couple $2k. Instead, it's taking them to court

cbc.ca

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Re: Air Canada ordered to pay couple $2k. Instead, it's taking them to court

#2
> Air Canada's Fitzpatrick says launching the case was the only way the airline could get clarity on the new CTA officers' obligations when assessing evidence. ... The CTA has asked the court for permission to participate in the case but Air Canada is fighting the request.

Weird that you would be opposed to participation of the very people you're seeking clarity on.

Re: Air Canada ordered to pay couple $2k. Instead, it's taking them to court

#3
It's obvious that Air Canada is trying to avoid setting precedent for what qualifies for compensation here.

Canada has a foul domestic airline industry. More times than not from what I've looked at and read - it's cheaper to fly domestic in Canada by picking an international flight that has a layover in the USA than it is to fly solely domestic in Canada - with all the extra fees, charges, etc. etc. etc.

Just a side effect of the government and oligopolies in Canada turning the screws trying to extract more and more money out of their citizens.

Re: Air Canada ordered to pay couple $2k. Instead, it's taking them to court

#4
> He [Air Canada's Fitzpatrick] added that the Dyczkowskis won't be on the hook for legal fees if the airline is victorious.

Sounds alright, doesn't it?

> The Dyczkowskis' lawyer, Peter Choe, who is working pro bono,

So they need a lawyer working pro bono for them to not have legal fees. Got it.

Re: Air Canada ordered to pay couple $2k. Instead, it's taking them to court

#5

> Air Canada's Fitzpatrick says launching the case was the only way the airline could get clarity on the new CTA officers' obligations when assessing evidence. ... The CTA has asked the court for permission to participate in the case but Air Canada is fighting the request. Weird that you would be opposed to participation of the very people you're seeking clarity on.

It seems like they're looking for a judge's opinion the CTA officers' obligations, not the CTA's view.

Re: Air Canada ordered to pay couple $2k. Instead, it's taking them to court

#6
What's going on with Air Canada? Off the top of my head, they've been in the news a couple of times recently for some very nasty stuff:

https://www.cnn.com/travel/article/air-canada-vomit-apology-... with extra customer care:

> Benson goes on to relate how a pilot then came down the plane to speak to the passengers, telling them that “they could leave the plane… and organize flights on their own dime, or they would be escorted off the plane by security and placed on a no fly list!”

https://www.theguardian.com/world/2023/oct/30/air-canada-whe...

https://www.theguardian.com/world/2024/feb/16/air-canada-cha...

Re: Air Canada ordered to pay couple $2k. Instead, it's taking them to court

#7
> Fitzpatrick said Air Canada didn't target the CTA because that's how Canada's judicial system works.

> "The original case was between the passenger and Air Canada, therefore the review of the decision is between the same parties," he said.

Any Canadian lawyers care to comment if this is actually a special requirement of Canadian law? In the US, you sue the agency to challenge an administrative order. Suing the aggrieved individual sure sounds like a tactic to dissuade others from making complaints.

Re: Air Canada ordered to pay couple $2k. Instead, it's taking them to court

#8
post #4

> He [Air Canada's Fitzpatrick] added that the Dyczkowskis won't be on the hook for legal fees if the airline is victorious. Sounds alright, doesn't it? > The Dyczkowskis' lawyer, Peter Choe, who is working pro bono, So they need a lawyer working pro bono for them to not have legal fees. Got it.

Legal fees extend beyond lawyer fees but it does make it less helpful than it might first sound.

Re: Air Canada ordered to pay couple $2k. Instead, it's taking them to court

#9

> Fitzpatrick said Air Canada didn't target the CTA because that's how Canada's judicial system works. > "The original case was between the passenger and Air Canada, therefore the review of the decision is between the same parties," he said. Any Canadian lawyers care to comment if this is actually a special requirement of Canadian law? In the US, you sue the agency to challenge an administrative order. Suing the aggr…

IANAL, but this isn’t an administrative order, it’s a decision by an agency in a proceeding. It’s analogous to appealing a court judgement; you appeal by bringing the same dispute (with the same parties) to a higher court, not by launching a lawsuit against the lower court. The USA is similar.

Re: Air Canada ordered to pay couple $2k. Instead, it's taking them to court

#10
post #4

> He [Air Canada's Fitzpatrick] added that the Dyczkowskis won't be on the hook for legal fees if the airline is victorious. Sounds alright, doesn't it? > The Dyczkowskis' lawyer, Peter Choe, who is working pro bono, So they need a lawyer working pro bono for them to not have legal fees. Got it.

Yeah, that is some grade A PR spin-doctoring.

"They won't be on the hook for OUR legal fees". Props to Peter Choe, because otherwise... federal court cases are not cheap[1].

[1] My brother's ex's new partner sold a house to fight a decision to euthanize her dog for biting incidents in federal court. Leaving aside the wisdom of this choice, it's ... "not cheap".

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