Dr. Gábor Lukács, the plaintiff, filed against Air Canada Rouge LP, the defendant, seeking compensation under the Air Passenger Protection Regulations (APPR), interest, costs, and other reliefs.
The case is a Simplified Action under Federal Courts Rules, involving affidavits, a trial cross-examination, and a Joint Book of Documents.
Key Issues:
Plaintiff's Claim: Entitlement to compensation under APPR section 19(2) despite being informed of a flight schedule change more than 14 days prior and opting for a refund.
Defendant's Argument: Compensation under APPR section 19(2) only applies if flight cancellation is communicated less than 14 days before scheduled departure.
Submissions:
Plaintiff: Argues that the regulations' plain reading supports his claim, emphasizing that advance notice of cancellation isn't a prerequisite for compensation.
Defendant: Contends that the regulation stipulates compensation in case of cancellations communicated less than 14 days before departure.
Judgment:
The court examined the regulatory context, noting that subsequent amendments to regulations are not applicable for interpreting existing regulations.
Emphasized the need for harmonious reading of subsections 19(2), 12(3), and 17(2) of the APPR.
Found the Defendant's interpretation to be consistent with the text, context, and purpose of the regulations, avoiding absurd results.
Dismissed the action with costs.
Conclusion:
The court sided with the Defendant, interpreting the APPR to require compensation only in cases where cancellation notice is provided less than 14 days prior to the flight, dismissing the Plaintiff's claim.
