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37276

Delta Air Lines Inc. v. Gábor Lukács

(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)
2018-01-24 Appeal closed
2018-01-22 Formal judgment sent to the registrar of the court of appeal and all parties
2018-01-22 Judgment on appeal and notice of deposit of judgment sent to all parties
2018-01-19 Judgment on the appeal rendered, CJ Abe Mo Ka Wa Ga Côt Br Row,
The appeal from the judgment of the Federal Court of Appeal, Number A-135-15, 2016 FCA 220, dated September 7, 2016, heard on October 4, 2017, is allowed in part with costs to the respondent. The matter is remitted to the Canadian Transportation Agency to reconsider the matter in whole. Abella, Moldaver and Karakatsanis JJ. dissent.
Allowed in part, with costs
2017-10-20 Transcript received
2017-10-04 Judgment reserved OR rendered with reasons to follow
2017-10-04 Intervener's condensed book, (Book Form), Submitted in Court (14 copies) International Air Transport Association
2017-10-04 Intervener's condensed book, (Book Form), Submitted in Court (14 copies) Canadian Transportation Agency
2017-10-04 Amicus curiae's condensed book, (Book Form), Submitted in Court (14 copies) Benjamin Zarnett
2017-10-04 Respondent's condensed book, (Book Form), Submitted in Court (14 copies) Gábor Lukács
2017-10-04 Appellant's condensed book, (Book Form), Submitted in Court (14 copies) Delta Air Lines Inc.
2017-10-04 Hearing of the appeal, 2017-10-04, CJ Abe Mo Ka Wa Ga Côt Br Row
Judgment reserved
2017-10-02 Correspondence received from, Intervener - Requests 4 reserved seats Council of Canadians with Disabilities
2017-09-28 Notice of appearance, Carlos P. Martins and Andrew W. MacDonald will be present Delta Air Lines Inc.
2017-09-28 Correspondence (sent by the Court) to, The Respondent, re: arrangements made to allow appearance and oral arguments via teleconference, if needed.
2017-09-26 Notice of appearance, David Neave and Derek Bell will be present International Air Transport Association
2017-09-25 Notice of appearance, Allan Matte and Mante Molepo will be present Canadian Transportation Agency
2017-09-25 Notice of appearance, Byron Williams, Joëlle Pastora Sala and Alyssa Mariani will be present Council of Canadians with Disabilities
2017-09-25 Notice of appearance, Heather Mackay and Edmund Huang will be present Attorney General of Ontario
2017-09-25 Notice of appearance, Benjamin Zarnett and Jane Scholes will be present. Benjamin Zarnett
2017-09-22 Reply factum on appeal, (Book Form), Completed on: 2017-09-22 Gábor Lukács
2017-09-22 Notice of appearance, the Respondent will appear in person. Gábor Lukács
2017-09-22 Correspondence received from, Requests 4 tickets for reserved seating Delta Air Lines Inc.
2017-09-14 Order on motion to adjourn the hearing of the appeal, (joint order) by Justice Gascon
2017-09-14 Order on motion to extend time, (joint order) by Justice Gascon
2017-09-14 Order on motion to strike out, (joint order) by Justice Gascon
2017-09-14 Decision on motion to adjourn the hearing of the appeal, Ga, see judgment below
Dismissed
2017-09-14 Decision on motion to extend time, Ga, see judgment below
Granted
2017-09-14 Decision on motion to strike out, Ga, UPON APPLICATION by the respondent for an order:
1. Striking item 14 from the authorities of the intervener, Canadian Transportation Agency;
2. Extending the time to serve and file the respondent’s reply factum;
3. Adjourning the hearing of the appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion to strike is granted with no order as to costs;
The respondent’s time to serve and file the reply factum is extended to September 22, 2017;
The motion to adjourn the hearing of the appeal is dismissed.
Granted
2017-09-14 Submission of motion to adjourn the hearing of the appeal, Ga
2017-09-14 Submission of motion to extend time, Ga
2017-09-14 Submission of motion to strike out, Ga
2017-09-13 Response to the motion to adjourn the hearing of the appeal, (Letter Form), (Included in the response to motion to strike out), Completed on: 2017-09-13 International Air Transport Association
2017-09-13 Response to motion to extend time, (Letter Form), (Included in the response to motion to strike out), Completed on: 2017-09-13 International Air Transport Association
2017-09-13 Response to motion to strike out, (Letter Form), Completed on: 2017-09-13 International Air Transport Association
2017-09-13 Correspondence (sent by the Court) to, All parties, re: counsel sheet.
2017-09-12 Reply factum on appeal, (Book Form), Completed on: 2017-09-12 Delta Air Lines Inc.
2017-09-11 Response to motion to strike out, (Letter Form), Completed on: 2017-09-11 Council of Canadians with Disabilities
2017-09-08 Response to the motion to adjourn the hearing of the appeal, (Included in the response to motion to strike out), Completed on: 2017-09-08 Canadian Transportation Agency
2017-09-08 Response to motion to extend time, (Included in the response to motion to strike out), Completed on: 2017-09-08 Canadian Transportation Agency
2017-09-08 Response to motion to strike out, (Letter Form), Completed on: 2017-09-08 Canadian Transportation Agency
2017-09-08 Response to the motion to adjourn the hearing of the appeal, (Included in the response to motion to strike out), Completed on: 2017-09-08 Benjamin Zarnett
2017-09-08 Response to motion to extend time, (Included in the response to motion to strike out), Completed on: 2017-09-08 Benjamin Zarnett
2017-09-08 Response to motion to strike out, (Letter Form), Completed on: 2017-09-08 Benjamin Zarnett
2017-09-06 Response to the motion to adjourn the hearing of the appeal, (Included in the response to motion to strike out), Completed on: 2017-09-06 Delta Air Lines Inc.
2017-09-06 Response to motion to extend time, (Included in the response to motion to strike out), Completed on: 2017-09-06 Delta Air Lines Inc.
2017-09-06 Response to motion to strike out, (Letter Form), Completed on: 2017-09-06 Delta Air Lines Inc.
2017-09-05 Response to the motion to adjourn the hearing of the appeal, (Included in the response to motion to strike out), Completed on: 2017-09-05 Attorney General of Ontario
2017-09-05 Response to motion to extend time, (Included in the response to motion to strike out), Completed on: 2017-09-05 Attorney General of Ontario
2017-09-05 Response to motion to strike out, (Letter Form), Completed on: 2017-09-05 Attorney General of Ontario
2017-09-05 Motion to adjourn the hearing of the appeal, (Included in the motion to strike out), Completed on: 2017-09-05 Gábor Lukács
2017-09-05 Motion to extend time, (Included in the motion to strike out), to serve and file the respondents materials., Completed on: 2017-09-05 Gábor Lukács
2017-09-05 Motion to strike out, (Book Form), Paper copy missing; fees missing-both rec'd 2017/09/11, Completed on: 2017-09-11 Gábor Lukács
2017-08-29 Correspondence (sent by the Court) to, Gábor Lukács. Letter from the Registrar regarding the hearing date.
2017-08-28 Intervener's book of authorities, (Book Form), Completed on: 2017-08-28 International Air Transport Association
2017-08-28 Certificate (on limitations to public access) International Air Transport Association
2017-08-28 Intervener's factum, (Book Form), Completed on: 2017-08-28 International Air Transport Association
2017-08-28 Intervener's book of authorities, (Book Form), Completed on: 2017-08-28 Attorney General of Ontario
2017-08-28 Intervener's factum, (Book Form), Completed on: 2017-08-28 Attorney General of Ontario
2017-08-28 Intervener's book of authorities, (Book Form), Completed on: 2017-08-28 Council of Canadians with Disabilities
2017-08-28 Intervener's factum, (Book Form), Completed on: 2017-08-28 Council of Canadians with Disabilities
2017-08-28 Intervener's book of authorities, (Book Form), 2 copies, Completed on: 2017-08-28 Canadian Transportation Agency
2017-08-28 Intervener's factum, (Book Form), Completed on: 2017-08-28 Canadian Transportation Agency
2017-08-22 Correspondence received from, Appellant, re: counsel prefers to proceed on scheduled hearing date. Delta Air Lines Inc.
2017-08-21 Correspondence received from, Respondent, re: letter by email dated August 20, 2017 - request to adjourn hearing date to another date. Gábor Lukács
2017-08-21 Appeal hearing scheduled, 2017-10-04
Judgment reserved
2017-08-18 Notice of hearing sent to parties
2017-08-17 Amicus curiae's book of authorities, (Book Form), Completed on: 2017-08-17 Benjamin Zarnett
2017-08-17 Amicus curiae's factum, (Book Form), Completed on: 2017-08-17 Benjamin Zarnett
2017-08-17 Notice of hearing sent to parties
2017-08-01 Appeal perfected for hearing
2017-07-18 Certificate of counsel (attesting to record), (Letter Form) Gábor Lukács
2017-07-18 Respondent's record, (Book Form), Completed on: 2017-07-18 Gábor Lukács
2017-07-18 Respondent's factum, (Book Form), Completed on: 2017-07-18 Gábor Lukács
2017-07-18 Order on motion for leave to intervene, by Justice Abella
2017-07-18 Decision on the motion for leave to intervene, Abe, UPON APPLICATIONS by the Attorney General of Ontario, the International Air Transport Association and the Council of Canadians with Disabilities for leave to intervene in the above appeal;
AND UPON APPLICATION by the Canadian Transportation Agency for an extension of time to serve and file a motion for leave to intervene and for leave to intervene in the above appeal;
AND UPON REQUEST by the Canadian Transportation Agency to file the affidavit of Patrice Bellerose, sworn on June 16, 2017;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion for extension of time to serve and file a motion for leave to intervene is granted, with no order as to costs.
The motions for leave to intervene are granted, with no order as to costs, and each of the said interveners shall be entitled to serve and file a factum not to exceed ten (10) pages in length in this appeal on or before August 28, 2017.
The request to file the affidavit is denied, with no order as to costs.
The said interveners are granted permission to each present oral arguments not exceeding five (5) minutes at the hearing of the appeal.
The interveners are not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties.
The appellant and the respondent are permitted to each serve and file a single factum not exceeding ten (10) pages in reply to these interventions on or before September 12, 2017.
Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by their interventions.
Granted, no order as to costs
2017-07-18 Decision on motion to extend time, Abe
Granted
2017-07-18 Submission of motion for leave to intervene, (4 motions), Abe
2017-07-18 Submission of motion to extend time, Abe
2017-07-10 Reply to motion to extend time, (Letter Form), Completed on: 2017-07-10, (Electronic version filed on 2017-07-10) Canadian Transportation Agency
2017-07-06 Response to motion to extend time, (Letter Form), paper copy rec'd 2017/07/07, Completed on: 2017-07-05 Gábor Lukács
2017-07-05 Reply to the motion for leave to intervene, (Book Form), Proof of service incomplete (received 2017-07-06)., Completed on: 2017-07-06, (Electronic version filed on 2017-07-05) Canadian Transportation Agency
2017-06-30 Certificate (on limitations to public access), (Letter Form), Paper copy rec'd 2017/07/04 Gábor Lukács
2017-06-30 Response to the motion for leave to intervene, (Book Form), paper copy rec'd 2017/07/04, Completed on: 2017-06-30 Gábor Lukács
2017-06-29 Correspondence (sent by the Court) to, Amicus Curiae, re: information with respect to being appointed Amicus.
2017-06-28 Motion to extend time, (Book Form), To serve the respondent, Completed on: 2017-06-28 Canadian Transportation Agency
2017-06-26 Response to the motion for leave to intervene, (Letter Form), Response to AG of Ontario, CCD and IATA, Completed on: 2017-06-26 Gábor Lukács
2017-06-26 Response to the motion for leave to intervene, (Letter Form), Completed on: 2017-06-26 Delta Air Lines Inc.
2017-06-22 Order by, CHIEF JUSTICE MCLACHLIN, CJ, Given that the respondent has advised the Court that he will not be represented by counsel in this appeal, Mr. Benjamin Zarnett is hereby appointed as amicus curiae to assist the Court by serving and filing a factum of no more than forty (40) pages and a book of authorities on or before August 17, 2017, and by making oral submissions at the hearing of the appeal.
The reasonable fees and disbursements of Mr. Zarnett shall be paid, on consent, by the Attorney General of Canada.
Granted
2017-06-20 Certificate (on limitations to public access) International Air Transport Association
2017-06-20 Notice of name International Air Transport Association
2017-06-20 Motion for leave to intervene, (Book Form), Completed on: 2017-06-20 International Air Transport Association
2017-06-20 Motion for leave to intervene, (Book Form), Completed on: 2017-06-20 Attorney General of Ontario
2017-06-20 Notice of name Canadian Transportation Agency
2017-06-19 Notice of name Council of Canadians with Disabilities
2017-06-19 Motion for leave to intervene, (Book Form), Completed on: 2017-06-19 Council of Canadians with Disabilities
2017-06-19 Intervener's book of authorities, (Book Form), On the motion, Completed on: 2017-06-19 Canadian Transportation Agency
2017-06-19 Motion for leave to intervene, (Book Form), Motion for extension of time requested - Rec'd on 2017-06-28, Completed on: 2017-06-28 Canadian Transportation Agency
2017-05-23 Certificate of counsel (attesting to record), (Letter Form), (Electronic version filed on 2017-05-23) Delta Air Lines Inc.
2017-05-23 Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2017-05-23) Delta Air Lines Inc.
2017-05-23 Appellant's book of authorities, (Book Form), Completed on: 2017-05-23, (Electronic version filed on 2017-05-23) Delta Air Lines Inc.
2017-05-23 Appellant's record, (Book Form), Completed on: 2017-05-24, (Electronic version filed on 2017-05-23) Delta Air Lines Inc.
2017-05-23 Appellant's factum, (Book Form), Completed on: 2017-05-23, (Electronic version filed on 2017-05-23) Delta Air Lines Inc.
2017-03-27 Notice of appeal, (Letter Form), Completed on: 2017-03-27 Delta Air Lines Inc.
2017-03-10 Correspondence received from, Respondent, re: availability to attend the appeal hearing. Gábor Lukács
2017-03-06 Correspondence received from, (Letter Form), Respondent, re: email correspondence dated, March 6, 2017, will participate in this appeal. Gábor Lukács
2017-03-01 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2017-02-24 Correspondence (sent by the Court) to, Respondent re: Self-Rep Questionnaire regarding legal services.
2017-02-24 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2017-02-24 Judgment on leave sent to the parties
2017-02-23 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-135-15, 2016 FCA 220, dated September 7, 2016, is granted without costs.
Granted, without costs
2017-01-23 All materials on application for leave submitted to the Judges, for consideration by the Court
2016-12-19 Applicant's reply to respondent's argument, (Book Form), Completed on: 2016-12-19, (Electronic version filed on 2016-12-19) Delta Air Lines Inc.
2016-12-08 Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-12-07) Gábor Lukács
2016-12-08 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2016-12-08, (Electronic version filed on 2016-12-07) Gábor Lukács
2016-11-08 Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2016/11/08
2016-11-07 Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-11-07) Delta Air Lines Inc.
2016-11-07 Application for leave to appeal, (Book Form), Completed on: 2016-11-07, (Electronic version filed on 2016-11-07) Delta Air Lines Inc.

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
Delta Air Lines Inc. Appellant Active

v.

Main parties - Respondents
Name Role Status
Lukács, Gábor Respondent Active

Other parties

Other parties
Name Role Status
Attorney General of Ontario Intervener Active
Canadian Transportation Agency Intervener Active
International Air Transport Association Intervener Active
Council of Canadians with Disabilities Intervener Active
Zarnett, Benjamin Amicus curiae Active

Counsel

Party: Delta Air Lines Inc.

Counsel
Carlos P. Martins
Andrew W. MacDonald
Bersenas Jacobsen Chouest Thomson Blackburn LLP
33 Yonge Street
Suite 201
Toronto, Ontario
M5E 1G4
Telephone: (416) 982-3808
FAX: (416) 982-3801
Email: cmartins@lexcanada.com
Agent
Marie-France Major
Supreme Advocacy LLP
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca

Party: Lukács, Gábor

This party is not represented by counsel.

Party: Canadian Transportation Agency

Counsel
Allan Matte
Canada Transportation Agency
15 Eddy Street, 19th Floor
Gatineau, Quebec
K1A 0N9
Telephone: (819) 994-2226
FAX: (819) 953-9269
Email: allan.matte@otc-cta.gc.ca
Agent
Mante Molepo
Canada Transportation Agency
15 Eddy Street, 19th Street
Gatineau, Quebec
K1A 0N9
Telephone: (819) 994-4283
FAX: (819) 953-9269
Email: mante.molepo@otc-cta.gc.ca

Party: Attorney General of Ontario

Counsel
Heather Mackay
Edmund Huang
Attorney General of Ontario
Crown Law Office - Civil
8th Floor, 720 Bay Street
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4129
FAX: (416) 326-4181
Email: heather.c.mackay@ontario.ca
Agent
Robert E. Houston, Q.C.
Burke-Robertson
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com

Party: International Air Transport Association

Counsel
David Neave
Derek J. Bell
Katelyn Ellins
DLA Piper (Canada) LLP
2800 - 666 Burrard Street
Vancouver, British Columbia
V6C 2Z7
Telephone: (604) 643-2961
FAX: (604) 605-3751
Email: david.neave@dlapiper.com
Agent
Colin S. Baxter
Conway Baxter Wilson LLP
400 - 411 Roosevelt Avenue
Ottawa, Ontario
K2A 3X9
Telephone: (613) 780-2012
FAX: (613) 688-0271
Email: cbaxter@conwaylitigation.ca

Party: Council of Canadians with Disabilities

Counsel
Byron Williams
Joëlle Pastora Sala
Alyssa Mariani
Public Interest Law Centre
200 - 393 Portage Avenue
Winnipeg, Manitoba
R3B 3H6
Telephone: (204) 985-8533
FAX: (204) 985-8544
Email: bywil@pilc.mb.ca
Agent
Maxine Vincelette
Power Law
130 Albert Street
Suite 1103
Ottawa, Ontario
K1P 5G4
Telephone: (613) 702-5573
FAX: (613) 702-5573
Email: mvincelette@powerlaw.ca

Party: Zarnett, Benjamin

Counsel
Benjamin Zarnett
Jane Scholes
Goodmans LLP
3400 - 333 Bay Street
Toronto, Ontario
M5H 2S7
Telephone: (416) 597-4204
FAX: (416) 979-1234
Email: bzarnett@goodmans.ca

Summary

Keywords

None.

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.

Transportation law – Air transportation – Unreasonable or unduly discriminatory terms or conditions – Large or obese persons – Complaints to the Canadian Transportation Agency – Standing to bring complaint – Whether the Canadian Transportation Agency has the authority to decline to hear complaints on the basis of lack of standing – Whether the law of standing, including public interest standing, is applicable in the administrative law context – Canada Transportation Act, S.C. 1996, c. 10, s. 67.2(1) – Air Transportation Regulations, SOR/88-58, r. 111(2).

Mr. Lukacs, respondent, filed a complaint with the Canadian Transportation Agency (“Agency”) alleging that some of the applicant Delta Air Lines’ policies with respect to the transportation of “large (obese)” passengers were discriminatory, contrary to r. 111(2) of the Air Transportation Regulations, SOR/88-58. The Agency dismissed the complaint on the basis that Mr. Lukacs lacked standing to bring the complaint. The Federal Court of Appeal reversed that decision on the basis that the Agency’s decision to refuse to look into Mr. Lukacs’s complaint on the sole basis that he did not meet the standing requirements developed by the courts of civil jurisdiction was unreasonable.


Lower court rulings

November 25, 2014
Canadian Transportation Agency

425-C-A-2014

Complaint dismissed
September 7, 2016
Federal Court of Appeal

A-135-15, 2016 FCA 220

Appeal allowed

Memorandums of argument on application for leave to appeal

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Factums on appeal

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Date modified: 2025-02-27