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Roy v The Calgary Airport Authority

Background:
Brian Roy, a retired pilot from Nova Scotia, filed a class action against The Calgary Airport Authority and other Canadian airport authorities. He alleged wrongful charges of Airport Improvement Fees (AIFs) and Passenger Facility Fees (PFFs) on employee travel passes, seeking damages for contract breach, unjust enrichment, tort, and the Competition Act (later removed).

Legal Issues:

  1. Standing: Mr. Roy lacked standing under the Class Proceedings Act (CPA) as he was not a British Columbia resident. The court addressed whether his lack of standing rendered the claim a nullity or could be remedied by adding a qualified plaintiff.

  2. Abuse of Process: The defendants argued that filing parallel claims in multiple jurisdictions constituted an abuse of process. They claimed Mr. Roy acted as a "token plaintiff" to improperly benefit from tolling limitation periods.

  3. Addition of Plaintiff: Mr. Roy sought to add Benjamin Scott, a B.C. resident, as a plaintiff nunc pro tunc to remedy the defect.

Court Decision:
The court concluded that Mr. Roy’s lack of standing did not nullify the claim and permitted adding Mr. Scott as a plaintiff nunc pro tunc. The court dismissed the abuse of process claim, finding no egregious conduct.

Costs:
The court did not award costs against either party, leaving each to bear their own legal expenses.

Brian Roy
Law Firm / Organization
Not specified
Lawyer(s)

S. Lin

Law Firm / Organization
Hammerco Lawyers LLP
The Calgary Airport Authority
Edmonton Regional Airports Authority
Prince George Airport Authority Inc.
Vancouver Airport Authority
Victoria Airport Authority
Winnipeg Airports Authority Inc.
Greater Moncton International Airport Authority Inc.
Gander International Airport Authority Inc.
St. John’s International Airport Authority
Halifax International Airport Authority
Greater London International Airports Authority
Ottawa Macdonald-Cartier International Airport Authority
Greater Toronto Airports Authority
Aéroports de Montréal
Aéroport de Québec Inc.
Regina Airport Authority
Saskatoon Airport Authority
Fredericton International Airport Authority
Saint John Airport Inc.
Charlottetown Airport Authority Inc.
Supreme Court of British Columbia
S193490
Class actions
Not specified/Unspecified
Plaintiff