Simon's Legal Resources

Canada Transportation Agency - General (2)

. Westjet v. Lareau

In Westjet v. Lareau (Fed CA, 2025) the Federal Court of Appeal dismissed a Federal Court appeal, this where the "legal question before this Court is the scope of the safety category: when is a flight disruption "“within the carrier’s control but ... required for safety purposes”" under section 11 of the Regulations?"

The court considers the 'purpose' of the CTA, here in the context of a statutory interpretation inquiry:

(1) The purposes of the CTA

[98] The overall objectives of Canada’s national transportation policy are laid out in section 5 of the CTA, which highlights Parliament’s focus on ensuring a safe and cost-effective transportation system that serves the needs of its users and advances Canadians’ well-being:

... a competitive, economic and efficient national transportation system that meets the highest practicable safety and security standards and contributes to a sustainable environment and makes the best use of all modes of transportation at the lowest total cost is essential to serve the needs of its users, advance the well-being of Canadians and enable competitiveness and economic growth in both urban and rural areas throughout Canada.

[99] The CTA recognizes that competition and market forces are the prime agents in providing viable and effective transportation services: CTA, s 5(a). However, it also acknowledges that regulation and strategic public intervention are used to achieve economic, safety, security, environmental, or social outcomes that cannot be achieved satisfactorily by competition and market forces: CTA, s 5(b).