Date: 20031210
Docket: T-757-02
Citation: 2003 FC 1444
BETWEEN:
ALWAYS TRAVEL INC. and
HIGHBOURNE ENTERPRISES INC. and
CANADIAN STANDARD TRAVEL AGENT REGISTRY (CSTAR)
Plaintiffs
- and -
AIR CANADA, AMERICAN AIRLINES INC.,
UNITED AIRLINES INC., DELTA AIRLINES INC.,
CONTINENTAL AIRLINES INC., NORTHWEST AIRLINES INC.,
and INTERNATIONAL AIR TRANSPORT ASSOCIATION (IATA)
Defendants
(Delivered from the Bench in Montréal, Quebec
on December 10, 2003)
[1] On May 30, 2003, in issuing a stay of these proceedings, I indicated that I was acting in comity with the Ontario Superior Court of Justice. I also indicated that, in my view, the latter Court was the proper Court to deal with the extent and timing of a stay in the context of the CCAA proceedings.
[2] Since that time, Farley J. has lifted the stay with regard to Air Canada and United Airlines for the limited purpose of requiring the latter to produce affidavits in response to the plaintiffs' certification motion, but no more. That has now been done.
[3] In my view, Farley J. is still the proper person to decide whether allowing the present class action certification proceedings to continue beyond the present stage would be detrimental to, or might hinder the proper administration of the CCAA proceedings. This is not a matter of the paramountcy of one statute or one Court over another, but simply a practical question of which Court is best situated to deal with each question as and when that question arises. We may be very close to the point where the proper answer to that is this Court, but I remain firmly of the view that the question must first be asked and answered in the Ontario Court which has a far broader perspective of the total situation than do I.
[4] Accordingly, these proceedings as against Air Canada and United Airlines are stayed until further order.
"James K. Hugessen"
Judge
Montréal, Quebec
December 10, 2003
FEDERAL COURT
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET.: T-757-02
STYLE OF CAUSE: ALWAYS TRAVEL INC. ET AL
v. AIR CANADA ET AL.
DATE OF HEARING: December 10, 2003
PLACE OF HEARING: Montréal, Quebec
REASONS FOR ORDER: THE HONOURABLE JUSTICE HUGESSEN
DATED: December 10, 2003
APPEARANCES:
Mr. James Poyner, Mr. Ken Baxter,
Mr. Gilles Gareau and Mr. John Legge FOR PLAINTIFFS
Ms. Katherine Kay FOR DEFENDANT
Air Canada
Mr. Louis Brousseau, FOR DEFENDANT
Mr. Tom Heintzman, Mr.Frédéric Pérodeau American Airlines
Mr. Michael Penny FOR DEFENDANT
United Airlines Inc.
Mr. Kent E. Thomson FOR DEFENDANT
Delta Airlines Inc.
Ms. Martha Healey FOR DEFENDANT
Continental Airlines Inc.
Mr. David W. Kent FOR DEFENDANT
Northwest Airlines Inc.
Mr. Stanley Wong FOR DEFENDANT International Air Transport Association
SOLICITORS OF RECORD:
Poyner Baxter
North Vancouver, B.C. FOR PLAINTIFFS
Lauzon Bélanger
Montréal, Quebec FOR PLAINTIFFS
Legge & Legge
Toronto, Ontario FOR PLAINTIFFS
Stikeman Elliott FOR DEFENDANT
Toronto, Ontario Air Canada
McCarthy Tétrault FOR DEFENDANT
Montréal, Quebec American Airlines Inc.
Torys FOR DEFENDANT
Toronto, Ontario United Airlines Inc.
Davies Ward Phillips & Vineberg FOR DEFENDANT
Toronto, Ontario Delta Airlines Inc.
Ogilvy Renault FOR DEFENDANT
Ottawa, Ontario Continental Airlines Inc.
McMillan Binch FOR DEFENDANT
Toronto, Ontario Northwest Airlines Inc.
Davis & Company FOR DEFENDANT International
Toronto, Ontario Air Transport Association