Digests

Decision Information

Decision Content

Canada ( Attorney General ) v. Cooper

T-985-95

Gibson J.

8/12/95

7 pp.

Application for judicial review objecting to jurisdiction of Civil Aviation Tribunal (CAT) to conduct review of decision of Minister of Transport withdrawing delegations of authority issued to respondents appointing them to act as designated flight test examiners due to alleged fraudulent use of same and alleged breaches of trust relating to training given at flying school under respondents' direction and ownership-CAT concluded had jurisdiction on basis delegations of authority constituting "Canadian Aviation documents" pursuant to Aeronautics Act, s. 3(1)-Letters provided to respondents authorizing them to act as examiners constituting accreditation or other documents akin to accreditation issued by Minister under Part I of Act-As letters accreditation or akin to accreditation, letters not excluded from "Canadian aviation document" definition by application of ejusdem generis-Letters according privilege or exceptional advantage or right, i.e. right to conduct flight test etc.-Fact Minister may not have intended letters to constitute "Canadian aviation documents" of no consequence-Tribunal not making reviewable error of law-Application dismissed-Aeronautics Act, R.S.C., 1985, c. A-2, s. 3(1) (as am. by R.S.C., 1985 (1st Supp.), c. 33, s. 1; S.C. 1992, c. 4, s. 1).

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.