Air Passenger Rights v. WestJet Airlines Ltd.

canada, canadian, case law, court opinion, canlii, bcca, 2026bcca357, 2026 bcca 357 (canlii), 2026, bcca, 357, (canlii), ca51094, 2026, administrative law, judicial review, tribunal decision, appeal from judicial review of civil resolution tribunal small claims decision, standard of review under civil resolution tribunal act, s. 56.8(2), supervisory role over exercise of statutory power, order quashing for lack of jurisdiction set aside, dismissal of judicial review affirmed, appeal allowed in part, contracts, assignment, maintenance and champerty, law and equity act, s. 36(1), whether assignment of contractual claim “savours of maintenance or champerty”, liquidated claim under executed contract of carriage, assignment including “all legal and other remedies” and right to seek judicial review, assignment valid, standing established, administrative law, procedural fairness, submissions, whether jurisdictional issues could be decided without opportunity for further submissions, parties did not plead or argue lack of tribunal jurisdiction, reviewing judge ought to have invited supplementary written submissions or further hearing, unfairness found, appellate court decides jurisdiction issue on full submissions, error found, administrative law, jurisdiction, exclusive jurisdiction, civil resolution tribunal act, s. 118(1)(a), whether standardized compensation claim fits “debt or damages” or specific performance, whether canada transportation act and passenger regulations create a complete code ousting tribunal jurisdiction, no privative clause, tariff incorporation supports contract claim, jurisdiction confirmed, ouster rejected, statutory interpretation, regulations, “labour disruption”, air passenger protection regulations, s. 10(1)(j), whether delivery of a 72, hour strike notice qualifies as “labour disruption” beyond carrier’s control, “due to” causal link required, carrier bears burden to show outside control, disruption found, standardized compensation dismissed, judicial review dismissed