TRANSPORTATION
Judicial review of Minister of Transport’s decision upholding suspension of applicant’s certificate of airworthiness under Aeronautics Act, R.S.C., 1985, c. A-2, s. 7.1(1)(b)—That decision following order by Transportation Appeal Tribunal of Canada that earlier suspension decision be reconsidered—Applicant not provided with opportunity to comment on report and recommendations made by reconsideration panel to Minister’s delegate—Minister’s delegate upholding suspension on basis of hearsay evidence held to be unreliable by appeal panel—Applicant had legitimate expectation Minister would not accept uncorroborated hearsay—As such, procedural fairness breached—Application allowed.
Sierra Fox Inc. v. Canada (Minister of Transport) (T-48-06, 2007 FC 129, Martineau J., order dated 6/2/07, 38 pp.)