Canadian Appeals Monitor Information and Commentary on Upcoming and Recent Appeal Court Decisions

Tag Archives: public interest standing

When a Tribunal’s Reasons Won’t Fly: SCC in Lukács addresses supplemental reasons and public interest standing

Posted in Administrative, Case Comments

In Delta Air Lines Inc. v. Lukács, 2018 SCC 2 (“Lukács”), the Supreme Court of Canada addressed two important issues in administrative law. First, the Court addressed the role that a Tribunal’s reasons play in judicial review for substantive error. Second, the Court addressed principles relating to public interest standing, including standing before regulatory tribunals.

Background

Dr. Lukács was a self-described airline passenger advocate. Although not an obese person himself, he took issue with a policy of the appellant airline that sometimes resulted in obese passengers being moved to a different section of the airplane or bumped … Continue Reading