Zoghbi v. Air Canada
Abdallah Zoghbi
Law Firm / Organization
Baker Law Firm
Lawyer(s)

David Baker

Law Firm / Organization
Independent
Lawyer(s)

Sujit Choudhry

Air Canada
Law Firm / Organization
Paterson MacDougall LLP
Canadian Human Rights Commission

- Parties: The appellant was Abdallah Zoghbi. The respondent was Air Canada. The intervener was the Canadian Human Rights Commission.

- Subject Matter: The appellant made a complaint against the respondent under the Canadian Human Rights Act, 1985 and sought financial relief, among other things. The Canadian Human Rights Commission screened out the appellant’s complaint on the ground that financial relief was unavailable owing to an international convention incorporated into Canadian domestic law. The appellant applied to the Federal Court to quash the Commission’s decision. The Federal Court partly granted the application and remitted the matter to the Commission with instructions to consider whether remedies other than financial compensation were available and whether there were other grounds to screen out the complaint.

- Ruling: The appeal court dismissed the appellant’s motion for a subpoena, partly allowed the appeal, and ordered the Commission to consider the appellant’s complaint that the adoption of the Montreal Convention by s. 2(2.1) of the Carriage by Air Act violated the appellant’s equality rights under s. 15 of the Charter in addition to the matters that the Federal Court remitted to the Commission for redetermination.

- Date: The hearing was set on Feb. 27, 2023. The court released its decision on July 29, 2024.

- Venue: This was a federal case before the Federal Court of Appeal.

- Amount: The appeal court awarded costs of the motion but awarded no costs of the appeal as success was divided.

Federal Court of Appeal
A-336-21
Human rights
$ 0
Other
29 November 2021