Decision No. 29-AT-A-2000
January 17, 2000
Application by André Leclerc regarding Canada 3000 Airlines Limited's refusal to carry his electric wheelchair wet cell batteries on a flight from Mirabel, Quebec, to Paris, France, in June 1999.
File No. U 3570/99-50
APPLICATION
By letter dated October 13, 1999, André Leclerc filed a complaint with the Canadian Transportation Agency (hereinafter the Agency) pursuant to subsections 172(1) and (3) of the Canada Transportation Act, S.C., 1996, c. 10 (hereinafter the CTA), with respect to the matter set out in the title.
In a subsequent letter dated October 20, 1999, Agency staff requested that Mr. Leclerc provide additional information in order to pursue pleadings in the matter.
By letter dated November 8, 1999, Canada 3000 Airlines Limited (hereinafter Canada 3000) requested an extension of the 30-day time frame to submit its answer to the complaint. On November 15, 1999, the Agency extended the deadline to November 29, 1999.
On November 29, 1999, Canada 3000 submitted its answer. In accordance with the National Transportation Agency General Rules, SOR/88-23 (hereinafter the General Rules), the Agency copied the carrier's answer to Mr. Leclerc on November 30, 1999, and requested that he provide his reply within ten (10) days from the date of receipt.
Mr. Leclerc subsequently advised Agency officials that the matter had been resolved to his satisfaction with the carrier and by letter dated December 16, 1999, he filed a notice with the Agency requesting that his application be withdrawn.
CONCLUSION
The Agency notes that Mr. Leclerc has withdrawn his application and does not consider it appropriate to fix any terms and conditions to this withdrawal pursuant to subsection 37(3) of the General Rules.
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