The court considered a motion by the Attorney General of Canada to strike the plaintiff’s action, which alleged negligence in the administration of pilot medical certification.
The plaintiff, a commercial pilot, had his medical certificate refused due to a diagnosis of alcohol use disorder, but was later found fit and granted an unrestricted certificate after a successful appeal.
The court found that the regulatory regime’s purpose is public safety, not the protection of individual economic interests, and that no private law duty of care is owed by Transport Canada to pilots in these circumstances.
The action was struck in its entirety.
