2 total
Appeals from class counsel fee approval quashed for lack of standing by defendants and intervenors.
Class counsel brought a motion to quash appeals filed by the defendants and intervenors from an order approving class counsel fees under s. 32 of the Class Proceedings Act, 1992.
The Court of Appeal held that the appellants had no standing to appeal because they were not parties to the fee agreements, the settlement agreement did not reserve their rights to participate in fixing fees, and their rights were not affected by the fee approval order.
The appeals were quashed.
Airlines must pay provincial liquor markups, but wrongfully collected gallonage fees must be refunded.
The appellant airlines purchased liquor abroad and stored it in customs bonded warehouses in Ontario for use on domestic and international flights.
The provincial liquor authorities charged markups and gallonage fees on the liquor.
The airlines sought restitution of the fees and a declaration that the provincial liquor monopoly was constitutionally inapplicable to their federal aeronautical undertaking.
The Supreme Court of Canada held that the liquor was subject to the federal Importation of Intoxicating Liquors Act and that the provincial monopoly applied, as providing liquor is not an integral part of an aeronautical undertaking.
However, the Court ordered the provincial authorities to make full restitution of the gallonage fees wrongfully collected under an inapplicable licensing regime.
