Overview

In the Federal Court of Appeal, Westjet appealed a decision from the Canadian Transportation Agency (CTA). Despite not being a party to the appeal, the CTA sought to participate by filing a memorandum of fact and law, invoking subsection 41(4) of the Canada Transportation Act which allows it to be heard during the appeal.

Legal Arguments/Issues

The case revolved around whether the CTA could participate in the appeal and the procedural and substantive limits of such participation. The court considered the unique aspect of subsection 41(4) that grants the CTA the right to be heard, contrasting it with other administrative regimes where such participation is more restricted.

Decision

The court allowed the CTA's memorandum to be filed and permitted its participation in the hearing. It was determined that the CTA's involvement did not require formal status as a respondent or intervener, and its participation should be balanced to ensure procedural fairness and maintain its impartiality for any potential re-determination.

Costs and Further Proceedings

The document did not specify the total amount of costs or awards in favor of the successful party. The court emphasized expediting future proceedings and ensuring all parties had ample opportunity to respond during the appeal, especially given the CTA’s participation.

This summary reflects the past proceedings and decisions as recorded in the court's documents.