Success In Federal Court Judicial Review
Back to all news
Paul Michell, acting for Sunwing Airlines Inc., successfully opposed an application for judicial review brought by the Canadian Union of Public Employees challenging the promulgation by the federal cabinet of a 2015 regulation amending the rules governing the minimum ratio of flight attendants to passenger seats on commercial airlines. Justice Kane of the Federal Court dismissed the application, finding that the federal cabinet owes no duty of procedural fairness in exercising its authority to promulgate regulations, and that, even if it did, CUPE could not establish a legitimate expectation of consultation, or that it was denied procedural fairness in connection with the regulation. The decision is available at T-1175-15