Today the Supreme Court of Canada announced its unanimous decision in the IATA vs CTA appeal, International Passenger Protections CTA Regulations.
Earlier this year the NPF entered intervener status to participate on behalf of its members to support the Right to Access Compensation through the terms of the CTA’s new Legislative Act to allow individuals to claim compensation for travel expenses when things don’t go as planned with their Air Carrier.
We send many thanks to the legal team and to our coalition partners for pressing our interests forward to achieve this Big Win. Now, Canadian travellers can breathe a huge sigh of relief and hold International Air Carriers accountable. But, more work needs to be done to assure the processes in place are transparent and measurable. For now we are very happy and will take the time to recognize these efforts. Media Release and Case Summary now available upon request.
Also, I’d like to share with you a note of gratitude from our legal team: “Thank you for the opportunity to work on this important case! It was such an honour getting to represent your three organizations and working with Marina, Chris and all of you on the written submissions and arguments.” Katrine Dilay, Attorney / Avocate, Public Interest Law Centre / Centre juridique d’intérêt public, Winnipeg.
The decision is positive! Unanimous decisions, judgment delivered by Rowe J.
The Regulations and the Montreal Convention can operate in parallel. See good summary in para 3 below:
Para 3: … The exclusivity principle in Article 29 of the Montreal Convention applies to any “action for damages”. However, the Regulations do not provide for an “action for damages” because they do not provide for individualized compensation. The entitlements provided for are not tied to harm suffered by the claimant as a result of injury caused by another. Rather, the Regulations create statutory entitlements as part of a consumer protection scheme that operates irrespective of the harm (if any) suffered by the claimant. Thus, the Regulations do not give rise to liability that is pre-empted by Article 29 and so do not conflict with the Montreal Convention as implemented by the CAA. Accordingly, the appeal is dismissed.
And from Coalition partner PIAC Director John Lawford
“I am very happy with the result which protects not only air passengers but validates ombuds services in all industries as complementary and the modern way to do consumer protection.
Thank you to Katrine, Marina and Chris (and Manitoba team) for arguing this. I think the court reflects more of your argument that they acknowledged. Huge win!” https://www.piac.ca/2024/10/04/win-for-international-air-travellers-supreme-court-of-canada-rules-on-compensation/
Please share this news with your membership list and in all your news materials, plus social media. Together we are stronger!
