Prof. Paul Dempsey

The applicant sought judicial review of the Canadian Human Rights Commission's decision to dismiss his human rights complaint against Air Canada.

The Commission dismissed the complaint as trivial, concluding that the Montreal Convention barred financial compensation.

The Federal Court found the Commission's decision unreasonable because it failed to consider whether other non-financial remedies might be appropriate under the Canadian Human Rights Act.

The application for judicial review was allowed and the matter remitted for redetermination.