Cage |
Sep 22, 2018 6:42 PM |
Quote:
Originally Posted by kwoldtimer
(Post 8323137)
You can't read that "or" without also reading the "such fares" that follows. The complaint would seem to have a reasonable basis.
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I'm fairly confident in my original analysis.
Taking the approach as suggested above, the problem then becomes jurisdictional. How the "or" and "such fares" clauses interrelate could be considered a matter of law (interpretation of the Transport Canada Act) rather than a matter of fact. Only the courts can determine matters of law. In raising a CTA complaint, Lukacs is going to the wrong forum (he's done this a couple times all ready).
Quote:
Originally Posted by DDP
(Post 8323259)
Seriously? Do people not want a ULCC to survive in this country?
I have a bad feeling we will regulate them out of existence.
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The CTA has a dual mandate; (1) protect consumers of transportation, (2) protect the economy of the transport sector. In making a ruling the CTA must balance out these two mandates. This manifests in the undue hardship defense that airlines frequently use. In one case a PTSD survivor needed to be seated at with a bulkhead behind behind them. The solution was to require airlines to alter the Computer systems to allow for a such a request to survive an aircraft swap. Airlines responded the request would take $500,000 to fix and only the complainant would benefit. The case was dismissed due to undue hardship of requiring the airline to pay $500,000 to accommodate one person.
Quote:
Originally Posted by GlassCity
(Post 8323293)
Considering the recent news of even the full carriers (or whatever they're called) planning to charge for carry-on as well as checked baggage, it seems like either this regulation needs to be altered altogether, or it needs to start actually being enforced, for everyone.
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The complaint requires the CTA to reverse their original grant/acceptance of the Swoop tariff. They would also have to rescind the Flair tariff and possibly others.
The regulation is being enforced today and correctly applied by the CTA. Lukacs has been in fight with the CTA for a couple years now. I suspect the real point Lukacs is trying to make is to force the CTA's hand and admit they made a mistake. However in order to do this, Lukacs has to file with the Federal Court, something that going to cost lots of dollars. It's cheaper to go through the court of public opinion as adjudicated in the CBC.
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