Decision No. 30-C-A-2022

[1] Nicolas Drolet filed an application with the Canadian Transportation Agency (Agency) against Interjet regarding a piece of baggage that was damaged upon its arrival in Montréal, Quebec, on December 2, 2018, after his return flight from Montréal to Cancun, Mexico.

[2] On November 26, 2020, the Agency opened pleadings. Interjet, however, did not file an answer to the application.

[3] On June 11, 2021, for the reasons set out in Decision LET-C-A-40-2021, the Agency stayed this proceeding until December 11, 2021. 

[4] On February 4, 2022, in Decision LET‑C‑A‑8‑2022, the Agency indicated that it was of the preliminary view, pursuant to section 37 of the CTA,^{Note 1} that it should decline to hear the complaint because Interjet no longer offered air services, because its license to operate a scheduled international service was not reinstated and because Interjet is in the process of restructuring its operations. As there is no reasonable likelihood that Mr. Drolet would be able to enforce any orders that the Agency could render against Interjet, the Agency was of the preliminary view that continuing with the application in these circumstances would be unproductive for both Mr. Drolet and the Agency.

[5] The Agency provided Mr. Drolet with the opportunity to show cause why it should not decline to hear the complaint. M. Drolet states that it would be premature to close his complaint because Interjet is currently being reorganized, and it is possible that operations will resume if restructuring is successful.

[6] The Agency notes that there has been no change in Interjet’s situation since the Agency stayed this proceeding and that Mr. Drolet has neither provided new proof nor showed cause to convince the Agency to hear the complaint in the circumstances. Accordingly, the Agency declines to hear the complaint pursuant to section 37 of the CTA.