Nature of the Case: Mansoor Khawaja, a self-represented flight instructor, sued Transport Canada, alleging wrongful actions related to his Flight Instructor Rating, including a delayed upgrade from Class 4 to Class 3. He claimed violations of the Canada-United States-Mexico Agreement (CUSMA) and the Canadian Charter of Rights and Freedoms, seeking $990,000 in damages.

Claims by Plaintiff:

1. Incorrect issuance of a Flight Instructor Rating.
2. Failure to adhere to NAFTA/CUSMA terms.
3. Abuse of discretionary power by Transport Canada.
4. Breach of trust and inadequate responses.
5. Alleged discrimination violating Section 15 of the Canadian Charter.

Defendant’s Motion: The Defendant requested summary judgment to dismiss the claim, arguing that the claims were improperly brought, untimely, and moot; essentially a disguised judicial review; lacked merit in private law; were invalid under NAFTA/CUSMA; and were barred by the Alberta Limitations Act as they were filed more than two years after being discoverable.

Court’s Decision: The Court granted summary judgment, finding no genuine issue for trial due to the Plaintiff's claims being statute-barred by Alberta's two-year limitation period. The Defendant's designation was amended to "His Majesty the King in Right of Canada."

Outcome: The Plaintiff's action was dismissed, and costs of $400 were awarded to the Defendant.

Conclusion: The Federal Court dismissed the claim due to the expired limitation period, finding no substantial issue for trial. The Defendant, His Majesty the King in Right of Canada, was the successful party, and no damages were awarded to the Plaintiff.