american airlines inv. v. canada (competition tribunal), [1989] 1 S.C.R. 236

Air Canada, Air Canada Services Inc., PWA Corporation, Canadian Airlines International Ltd., Pacific Western Airlines Ltd., Canadian Pacific Airlines Ltd., 154793 Canada Ltd., 153333 Canada Limited Partnership and The Gemini Group Automated Distribution Systems Inc. Appellants

v.

American Airlines Inc., Wardair Canada Inc. and Consumers' Association of Canada Respondents

and

The Director of Investigation and Research Respondent

and

The Attorney General of the province of Manitoba and the Competition Tribunal Respondents

Indexed as: American Airlines Inc. v. Canada (Competition Tribunal)

File No.: 21275.

1989: March 1.

Present: Dickson C.J. and Lamer, Wilson, La Forest, L'Heureux‑Dubé, Sopinka and Cory JJ.

on appeal from the federal court of appeal

Courts ‑‑ Competition Tribunal ‑‑ Jurisdiction ‑‑ Leave to intervene ‑‑ Role of the interveners ‑‑ Whether interveners may participate fully in the proceedings ‑‑ Competition Tribunal Act, S.C. 1986, c. 26, s. 9(3).

APPEAL from a judgment of the Federal Court of Appeal (1988), 1988 CanLII 9456 (FCA), 89 N.R. 241, setting aside an order of the Competition Tribunal. Appeal dismissed, Lamer J. dissenting.

J. C. Major, Q.C., Jo'anne Strekaf, M. E. Rothstein, Q.C., and Marc Monnin, for the appellants.

Colin L. Campbell, Q.C., for the respondent American Airlines Inc.

Sandra J. Simpson and Trevor Whiffen, for the respondent the Director of Investigation and Research.

N. J. Schultz, for the respondent the Consumers' Association of Canada.

Neville Shende, Q.C., for the respondent the Attorney General of Manitoba.

The judgment was delivered orally by

The Chief Justice ‑‑ The judgment of the Court will be delivered by Mr. Justice Lamer.

Lamer J. ‑‑ A majority is of the view that this appeal fails substantially for the reasons given by Chief Justice Iacobucci for the Federal Court of Appeal. In dissent, Mr. Justice Lamer, adopting substantially the reasons of Mr. Justice Strayer, would allow the appeal, set aside the judgment of the Federal Court of Appeal, and restore the order granted by Strayer J.

The appeal is accordingly dismissed with costs, Lamer J. dissenting.

Judgment accordingly.

Solicitors for the appellants: Bennett, Jones, Calgary; Aikins, MacAulay & Thorvaldson, Winnipeg.

Solicitors for the respondent American Airlines Inc.: McCarthy & McCarthy, Toronto.

Solicitors for the respondent the Director of Investigation and Research: Sandra J. Simpson and Trevor Whiffen, Toronto.

Solicitors for the respondent the Consumers' Association of Canada: Lang, Michener, Lash, Johnston, Ottawa.

Solicitor for the respondent the Attorney General of Manitoba: Neville Shende, Winnipeg.