Transportation Appeal Tribunal Unable To Consider Costs After Withdrawal

The Federal Court of Canada recently upheld a decision of the Transportation Appeal Tribunal of Canada ("TATC") finding that the tribunal did not have jurisdiction accept submissions about the legal costs of an application by an air carrier to review an administrative monetary penalty issued by the Canadian Transportation Agency ("Agency").

The Federal Court held that, as the penalty was unilaterally withdrawn by the agency prior to the TATC hearing, the tribunal did not have jurisdiction to deal with the question of costs.

The Facts

On December 21, 2016, a plane operated by Saudi Arabian Airlines was scheduled to fly from Toronto to Jeddah. The airport's ground handling workers began to push the plane back from the gate before the flight's commander had given his instructions to do so, resulting in the plane's engine cowling striking a stationary Air Canada service vehicle. A passenger onboard filed a complaint.