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21275

Air Canada, et al. v. American Airlines Inc., et al.

(Federal) (Civil) (By Leave)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
1994-07-13 Close file on Leave
1989-05-05 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties, Adm. (FCA - Ott., Ont.)
1989-05-02 Correspondence (sent by the Court) to, copy of formal judgment sent to J.C. Major, Q.C. (Calg., Alta.)
1989-03-14 Correspondence (sent by the Court) to, returning court record.
1989-03-01 Judgment on the appeal rendered, CJ La W LaF L'HD So Co
Dismissed, with costs
1989-03-01 Hearing of the appeal, 1989-03-01, CJ La W LaF L'HD So Co
1989-03-01 Respondent's factum, , 21 copies, with service American Airlines Inc.
1989-02-27 Correspondence (sent by the Court) to, from Robert E. Houston (Will not be filing material and will not be taking any position)
1989-02-27 Book of authorities, , 11 copies Air Canada
1989-02-24 Book of authorities, , 10 copies, with service Director of Investigation and Research
1989-02-24 Respondent's factum, , 21 copies, with service Director of Investigation and Research
1989-02-22 Appeal court record, (Federal Court of Appeal)
1989-02-21 Appeal hearing scheduled, 1989-03-01
1989-02-21 Case on appeal, , 21 copies Air Canada
1989-02-20 Appellant's factum, 20 copies Air Canada
1989-02-20 General proceeding, to note 10 copies of Competition Act Consumers' Association of Canada
1989-02-20 Book of authorities, , 10 copies, with service Consumers' Association of Canada
1989-02-20 Respondent's factum, , 21 copies, with service Consumers' Association of Canada
1989-02-15 Case on appeal, , 21 copies vols. 1 & 2, with service Air Canada
1989-02-08 $500 security deposit paid, , receipt # 2055 Air Canada
1989-02-08 Order on miscellaneous motion, for an order varying the requirements for the contents of the case on appeal
1989-02-08 Order on motion to expedite the appeal
1989-02-07 Appeal perfected for hearing, Session beginning on 1989-01-23
1989-02-07 Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause
Granted, no order as to costs
1989-02-07 Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1989-02-07
1989-02-07 Hearing of motion to expedite the appeal, 1989-02-07
1989-02-07 Submission of motion to expedite the appeal, 1989-02-07
1989-02-07 Decision on miscellaneous motion, for an order varying the requirements for the contents of the case on appeal, CJ
Granted, no order as to costs
1989-02-07 Hearing of miscellaneous motion, 1989-02-07, for an order varying the requirements for the contents of the case on appeal, CJ
1989-02-07 Submission of miscellaneous motion, 1989-02-07, for an order varying the requirements for the contents of the case on appeal, CJ
1989-02-07 Decision on motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, (DUPLICATE ENTRY)
Granted, no order as to costs
1989-02-07 Hearing of motion for an order that the appeal not be deemed abandoned [s. 695(2) Criminal Code] / Show Cause, 1989-02-07, (DUPLICATE ENTRY)
1989-02-07 Hearing of motion to expedite the appeal, 1989-02-07, (DUPLICATE ENTRY)
1989-02-07 Submission of motion to expedite the appeal, 1989-02-07, (DUPLICATE ENTRY)
1989-02-07 Correspondence (sent by the Court) to, dated Feb 06/89 from Blake, Cassels and Graydon (Re: Wardair taking no position on the appeal)
1989-02-07 Order granting leave to appeal
1989-02-06 Response to miscellaneous motion, for an order varying the requirements for the contents of the case on appeal American Airlines Inc.
1989-02-06 Affidavit, for an order varying the requirements for the contents of the case on appeal, with service Air Canada
1989-02-06 Notice of miscellaneous motion, for an order varying the requirements for the contents of the case on appeal, with service Air Canada
1989-02-06 Response to motion to expedite the appeal American Airlines Inc.
1989-02-06 Affidavit, With service Air Canada
1989-02-06 Motion to expedite the appeal, With service Air Canada
1989-02-06 Notice of appeal, With service Air Canada
1989-01-23 Decision on the motion for a stay of execution, (Appeal to be heard within approximately one month , on a date to be determined by the Chief Justice on application of counsel), CJ McI La LaF L'HD
Granted, no order as to costs
1989-01-23 Hearing of motion for a stay of execution, 1989-01-23, (Appeal to be heard within approximately one month , on a date to be determined by the Chief Justice on application of counsel), CJ McI La LaF L'HD
1989-01-23 Submission of motion for a stay of execution, 1989-01-23, (Appeal to be heard within approximately one month , on a date to be determined by the Chief Justice on application of counsel), CJ McI La LaF L'HD
1989-01-23 Judgment of the Court on the application for leave to appeal, CJ McI La LaF L'HD
Granted, with costs in the cause
1989-01-23 Hearing of the application for leave to appeal, 1989-01-23, CJ McI La LaF L'HD
1989-01-23 All materials on application for leave submitted to the Judges, 1989-01-23, CJ McI La LaF L'HD
1989-01-23 General proceeding, to note 10 copies of the Reasons of the Tribunal Air Canada
1989-01-19 Book of authorities, , 11 copies of joint authorities of the applicants Air Canada
1989-01-18 Book of authorities, , 5 copies, with service Wardair Canada Inc.
1989-01-17 Respondent's response on the application for leave to appeal, , 5 extra copies American Airlines Inc.
1989-01-16 Hearing of the motion for a stay of execution scheduled
1989-01-16 Hearing of the application for leave to appeal scheduled
1989-01-16 Respondent's response on the application for leave to appeal, , 4 extra copies Consumers' Association of Canada
1989-01-16 Respondent's response on the application for leave to appeal, , 1 copy, with service American Airlines Inc.
1989-01-16 Respondent's response on the application for leave to appeal, , 5 additional copies Wardair Canada Inc.
1989-01-16 Respondent's response on the application for leave to appeal, 5 copies, with service American Airlines Inc.
1989-01-13 Respondent's response on the application for leave to appeal, , 4 copies of argument with respect to leave application and motion for stay Wardair Canada Inc.
1989-01-13 Respondent's response on the application for leave to appeal, 1 copy, with service Consumers' Association of Canada
1989-01-13 Respondent's response on the application for leave to appeal, 10 copies, with service Director of Investigation and Research
1989-01-13 Book of authorities, 10 copies, with service Director of Investigation and Research
1989-01-12 Respondent's response on the application for leave to appeal, 5 copies Consumers' Association of Canada
1989-01-06 General proceeding, 1 copy of motion for a stay, with service Air Canada
1989-01-06 General proceeding, 1 copy of motion for leave to appeal book, with service Air Canada
1988-12-23 Application for leave to appeal ready to be heard (old rules)
1988-12-23 Court of Appeal casebooks and transcripts of evidence, , 7 copies of appeal books
1988-12-23 Motion for a stay of execution, 14 copies, with service Air Canada
1988-12-23 $30.00 filing fee, receipt # 13405 Air Canada
1988-12-23 Application for leave to appeal, 14 copies, with service, Completed on: 1988-12-23 Air Canada

Parties

Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.

Main parties

Main parties - Appellants
Name Role Status
Air Canada Applicant Active
Air Canada Services Inc. Applicant Active
PWA Corporation Applicant Active
Canadian Airlines International Ltd. Applicant Active
Pacific Western Airlines Ltd. Applicant Active
Canadian Pacific Airlines Ltd. Applicant Active
154793 Canada Ltd. Applicant Active
153333 Canada Limited Partnership Applicant Active
Gemini Group Automated Distribution Systems Inc. Applicant Active

v.

Main parties - Respondents
Name Role Status
American Airlines Inc. Respondent Active
Wardair Canada Inc. Respondent Active
Consumers' Association of Canada Respondent Active
Director of Investigation and Research Respondent Active
Attorney General of Manitoba Respondent Active
Competition Tribunal Respondent Active

Counsel

Party: Air Canada

Counsel
Names
Marshall E. Rothstein, Q.C.
J.C. Major, Q.C.
Contact information
Aikins, MacAulay & Thorvaldson
360 MAIN ST
30TH FL
WINNIPEG, Manitoba
R3C 4G1
Telephone: (204) 957-0050
FAX: (204) 957-0840
Agent
Name
Michael L. Phelan
Contact information
Osler, Hoskin & Harcourt
1500 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 235-7234
FAX: (613) 235-2867

Party: Air Canada Services Inc.

Counsel
Name
Marshall E. Rothstein, Q.C.
Contact information
Aikins, MacAulay & Thorvaldson
360 MAIN ST
30TH FL
WINNIPEG, Manitoba
R3C 4G1
Telephone: (204) 957-0050
FAX: (204) 957-0840
Agent
Name
Michael L. Phelan
Contact information
Osler, Hoskin & Harcourt
1500 - 50 O'Connor St
Ottawa, Ontario
K1P 6L2
Telephone: (613) 235-7234
FAX: (613) 235-2867

Party: PWA Corporation

Counsel
Names
J.C. Major, Q.C.
Marc Monnin
E. Rothstein, Q.C.
Contact information
Bennett Jones
4500 BANKERS HALL E
855 - 2ND ST SW
CALGARY, Alberta
T2P 4K7
Telephone: (403) 298-3100
FAX: (403) 265-7219

Party: Canadian Airlines International Ltd.

Counsel
Name
J.C. Major, Q.C.
Contact information
Bennett Jones
4500 BANKERS HALL E
855 - 2ND ST SW
CALGARY, Alberta
T2P 4K7
Telephone: (403) 298-3100
FAX: (403) 265-7219

Party: Pacific Western Airlines Ltd.

Counsel
Name
J.C. Major, Q.C.
Contact information
Bennett Jones
4500 BANKERS HALL E
855 - 2ND ST SW
CALGARY, Alberta
T2P 4K7
Telephone: (403) 298-3100
FAX: (403) 265-7219

Party: Canadian Pacific Airlines Ltd.

Counsel
Name
J.C. Major, Q.C.
Contact information
Bennett Jones
4500 BANKERS HALL E
855 - 2ND ST SW
CALGARY, Alberta
T2P 4K7
Telephone: (403) 298-3100
FAX: (403) 265-7219

Party: 154793 Canada Ltd.

Counsel
Name
J.C. Major, Q.C.
Contact information
Bennett Jones
4500 BANKERS HALL E
855 - 2ND ST SW
CALGARY, Alberta
T2P 4K7
Telephone: (403) 298-3100
FAX: (403) 265-7219

Party: 153333 Canada Limited Partnership

Counsel
Name
J.C. Major, Q.C.
Contact information
Bennett Jones
4500 BANKERS HALL E
855 - 2ND ST SW
CALGARY, Alberta
T2P 4K7
Telephone: (403) 298-3100
FAX: (403) 265-7219

Party: Gemini Group Automated Distribution Systems Inc.

Counsel
Name
J.C. Major, Q.C.
Contact information
Bennett Jones
4500 BANKERS HALL E
855 - 2ND ST SW
CALGARY, Alberta
T2P 4K7
Telephone: (403) 298-3100
FAX: (403) 265-7219

Party: American Airlines Inc.

Counsel
Name
Colin L. Campbell, Q.C.
Contact information
2412 - 401 BAY ST
TORONTO, Ontario
M5H 2Y4
Telephone: (416) 364-4648
Agent
Name
James I. Minnes
Contact information
Scott & Aylen
60 Queen St
Ottawa, Ontario
K1P 5Y7
Telephone: (613) 237-5160
FAX: (613) 230-8842

Party: Wardair Canada Inc.

Counsel
Names
John W. Brown, Q.C.
Neil Finkelstein
Contact information
Blake, Cassels & Graydon LLP
COMMERCE CT W
PO BOX 25 STN COMMERCE CRT
TORONTO, Ontario
M5L 1A9
Telephone: (416) 863-2400
FAX: (416) 863-2653
Agent
Name
Brian A. Crane, Q.C.
Contact information
Gowling, Strathy & Henderson
2600 - 160 Elgin St
Box 466 Stn A
Ottawa, Ontario
K1N 8S3
Telephone: (613) 232-1781
FAX: (613) 563-9869

Party: Consumers' Association of Canada

Counsel
Names
N.J. Shultz
Nick Schultz
N.J. Schultz
Contact information
Fraser & Beatty
1200 - 180 ELGIN ST
OTTAWA, Ontario
K2P 2K7
Telephone: (613) 783-9600

Party: Director of Investigation and Research

Counsel
Names
John F. Rook, Q.C.
Sandra Simpson
Sandra J. Simpson
Contact information
Osler, Hoskin & Harcourt
1 First Canadian Place
PO Box 50
Toronto, Ontario
M5X 1B8
Telephone: (416) 862-4280
FAX: (416) 862-6666
Agent
Name
William T. Houston
Contact information
Fraser Milner Casgrain
1420 - 99 Bank St.
Ottawa, Ontario
K1P 1H4
Telephone: (613) 783-9600
FAX: (613) 783-9690

Party: Attorney General of Manitoba

Counsel
Name
Neville D. Shende, Q.C.
Contact information
Attorney General of Manitoba
405 BROADWAY AVE
6TH FL
WINNIPEG, Manitoba
R3C 3L6
Telephone: (204) 945-2837
Agent
Name
Robert E. Houston., Q.C.
Contact information
Burke-Robertson
70 Gloucester St
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430

Party: Competition Tribunal

Counsel
Name
Annaline Lubbe
Contact information
Competition Tribunal
ROYAL BANK CENTRE
90 SPARKS ST
OTTAWA, Ontario
K1P 5B4
Telephone: (613) 957-7851

Summary

Keywords

None.

Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

None.

Lower court rulings

November 10, 1988
Federal Court of Appeal

A-851-88

The Appeal and the cross-appeal are allowed-matter referred back to Comp. Trib.

Filed documents

The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.

Downloadable PDFs

Not available

The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.

Downloadable PDFs

Not available

The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.

If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.

Downloadable PDFs

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Webcasts

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Date modified: 2025-05-13