Date: 20180418
Docket: 17-A-32
Citation: 2018 FCA 80
Present: WEBB J.A.
BETWEEN:
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AIR CANADA
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Applicant
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and
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JEREMY COOPERSTOCK and
CANADIAN TRANSPORTATION AGENCY
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Respondents
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Dealt with in writing without appearance of parties.
Order delivered at Ottawa, Ontario, on April 18, 2018.
REASONS FOR ORDER BY:
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WEBB J.A.
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Date: 20180418
Docket: 17-A-32
Citation: 2018 FCA 80
Present: WEBB J.A.
BETWEEN:
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AIR CANADA
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Applicant
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and
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JEREMY COOPERSTOCK and
CANADIAN TRANSPORTATION AGENCY
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Respondents
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REASONS FOR ORDER
WEBB J.A.
[1]
Dr. Gábor Lukács has brought a motion for leave to intervene in Air Canada’s motion for an order for leave to appeal from a decision of the Canadian Transportation Agency.
[2]
Rule 109 of the Federal Courts Rules, SOR/98-106 (Rules) provides that:
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[3]
The term “proceeding”
is not defined in the Rules. However, Rule 61 provides that:
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[4]
As well, the definitions of “action”
, “appeal”
and “application”
in section 2 of the Rules each provide that these are proceedings but the definition of “motion”
is that a motion is “a request to the Court under, or to enforce, these Rules”
. As a result of Rule 61 and these definitions, a motion would not be a proceeding. In Gholipour v. Canada (Attorney General), 2017 FCA 99, at para. 8, this Court confirmed that a motion is not a proceeding.
[5]
Therefore, proceedings, for the purposes of the Rules, are actions, applications for judicial review, or appeals. A motion for an order for leave to appeal is not a proceeding. Rather, the proceeding will only commence once a notice of appeal is filed, if leave to file the notice of appeal is granted. As a result, there is no right to intervene under Rule 109 in Air Canada’s motion for an order for leave to appeal from a decision of the Canadian Transportation Agency.
[6]
Dr. Gábor Lukács’ motion for leave to intervene in Air Canada’s motion for an order for leave to appeal from a decision of the Canadian Transportation Agency is dismissed without costs.
"Wyman W. Webb"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET:
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17-A-32
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STYLE OF CAUSE:
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AIR CANADA v. JEREMY COOPERSTOCK and CANADIAN TRANSPORTATION AGENCY
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MOTION DEALT WITH IN WRITING WITHOUT APPEARANCE OF PARTIES
REASONS FOR ORDER BY:
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WEBB J.A.
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DATED:
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April 18, 2018
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WRITTEN REPRESENTATIONS BY:
Patrick Girard
Rémi Leprévost
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For The Applicant
AIR CANADA
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Allan Matte
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FOR THE RESPONDENT CANADIAN TRANSPORTATION AGENCY
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Dr. Gábor Lukács
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Proposed Intervener
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SOLICITORS OF RECORD:
Stikeman Elliott LLP
Montréal, Quebec
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For The Applicant
AIR CANADA
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Allan Matte
Counsel, Legal Services Directorate
Canadian Transportation Agency
Gatineau, Quebec
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FOR THE RESPONDENT
CANADIAN TRANSPORTATION AGENCY
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