Order No. 2003-C-A-305

May 22, 2003

File No. M4370/K31/02-14

On October 27, 2002, Ladan Raee filed a complaint with the Canadian Transportation Agency (hereinafter the Agency) as set out in the title.

Following the receipt of the pleadings, the Agency determined that it would hold a one-day hearing to address or clarify certain issues.

The Agency advised KLM Royal Dutch Airlines (hereinafter KLM) that it required certain of its personnel to present themselves at that hearing to answer questions. To date, KLM has not confirmed that Ms. Calis-Journa, the Purser on the flight in question, would be present at that hearing.

The Agency notes that according to the evidence on file, Ms. Calis-Journa was the KLM employee who dealt with Ms. Raee for the majority of the time that Ms. Raee was on KLM's aircraft on the date of the incident. The Agency therefore finds it necessary that Ms. Calis-Journa appear at the hearing in order that the Agency may examine both parties to decide the facts in this case.

In this regard, section 25 of the Canada Transportation Act, S.C., 1996, c.10 (hereinafter the CTA), provides that:

The Agency has, with respect to all matters necessary or proper for the exercise of its jurisdiction, the attendance and examination of witnesses, the production and inspection of documents, the enforcement of its orders or regulations and the entry on and inspection of property, all the powers, rights and privileges that are vested in a superior court.

In the case at hand, while the Agency has determined it necessary that Ms. Calis-Journa be heard at the hearing, it has received no confirmation that KLM will ensure that this person present herself at the hearing. Accordingly, the Agency, pursuant to section 25 of the CTA, hereby orders KLM to present Ms. Calis-Journa at the hearing on May 27, 2003 at 9:30 a.m. in the Lausanne Room on the conference level at the Sheraton Gateway Hotel, Terminal No. 3, Lester B. Pearson International Airport.

The Agency also requires confirmation from KLM by no later than 4:00 p.m. (E.D.T.), Friday, May 23 that Ms. Calis-Journa will be present at the hearing at the time and location set out above. In the event that confirmation is not received from KLM, the Agency may take action pursuant to section 33 of the CTA to make this Order an order of the Federal Court.