Decision No. 278-AT-A-1999
May 26, 1999
IN THE MATTER OF a complaint by Harry Senders against Air Canada regarding seat assignment on a flight from Toronto, Ontario to Miami, Florida on November 18, 1998.
File No. U3570/98-37
COMPLAINT
By letter dated December 22, 1998, Harry Senders filed a complaint with the Canadian Transportation Agency (hereinafter the Agency), pursuant to subsection 172(1) of the Canada Transportation Act, S.C., 1996 c. 10 (hereinafter the CTA), with respect to the matter set out in the title.
By letter dated January 29, 1999, Air Canada provided its answer to Mr. Senders' complaint. Clarifying comments were submitted by the carrier by letter dated February 5, 1999.
By letter dated March 3, 1999, Mr. Senders advised that he had encountered the same problem with respect to seat assignment on another Air Canada flight booked for April 21, 1999 and that he did not accept Air Canada's comments of February 5, 1999.
Pursuant to subsection 29(1) of the CTA, the Agency is required to make its decision no later than 120 days after the application is received unless the parties agree to an extension. In this case, the parties have agreed to an indefinite extension of the deadline.
By letter dated March 11, 1999, Mr. Senders advised that the seat assignment problem on his flight had been resolved directly with Air Canada.
By letter dated March 12, 1999, Air Canada was requested to provide, within 10 days, further clarification concerning the matter.
By letter dated March 22, 1999, Air Canada provided comments on seating arrangements as they related to Mr. Senders' complaint.
By letter dated March 23, 1999, Mr. Senders was provided with a copy of the information submitted by Air Canada. Mr. Senders was requested to provide, within 10 days from the date of the letter, a full reply to Air Canada's comments of January 29, February 5 and March 22, 1999.
By letter dated March 30, 1999, Mr. Senders requested that his complaint against Air Canada be removed.
CONCLUSION
The Agency takes note of Mr. Senders' withdrawal of his complaint and will not fix any terms and conditions pursuant to subsection 37(3) of the National Transportation Agency General Rules, SOR/88-23.
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