Canada ( Commissioner of Official Languages ) ( Re )
T-541-97
Tremblay-Lamer J.
9/7/97
8 pp.
Motion for dismissal of reference filed by Commissioner of Official Languages of Canada and of application for directions filed same day-Between January 1, 1996 and March 19, 1997, Commissioner receiving 63 new complaints concerning languagerelated duties of Air Canada's regional carriers-Not able to make recommendations in respect of language-related duties set out in Official Languages Act as long as Air Canada continuing to deny its regional carriers subject thereto-Concluding question had to be referred to Federal Court of Canada, Trial Division, under Federal Court Act, s. 18.3(1)-Reference procedure in nature more of proceedings instituted by originating notice of motion than of action-Must be heard and determined in summary way-Would not be appropriate to summarily dismiss Commissioner's reference at this stage unless exceptional case in which plain and obvious impugned pleading without merit-Tests developed by Federal Court of Appeal in respect of references met-S. 18.3 applying to any body meeting definition of "federal board, commission or other tribunal"-Reference not plainly and obviously irregular-Motion dismissed-Federal Court Act, R.S.C., 1985, c. F-7, s. 18.3 (as enacted by S.C. 1990, c. 8, s. 5).