The plaintiff sought to certify a class action against SATA Internacional – Azores Airlines for failing to pay compensation under European Union Regulation (EC) No. 261/2004 for delayed flights to and from Canada, framing the claim as a breach of contract.
The defendant moved to strike the claim for lack of jurisdiction.
The Federal Court held that the claim was not founded on Canadian federal law, as required by section 23 of the Federal Courts Act and the Montreal Convention's exclusivity principle.
The court granted the motion to strike without leave to amend and dismissed the certification motion.
