Decision No. 67-C-A-2019

BACKGROUND

[1] On May 7, 2019, the applicant filed an application with the Canadian Transportation Agency (Agency) against Wow air. He claims that the amount paid for a round-trip ticket between Montréal, Quebec, and London, United Kingdom, does not match that advertised on Wow air’s website at the time of booking.

[2] On March 28, 2019, Wow air ceased all operations in Canada and was the subject of a judgment by the District Court of Reykjavik, which declared the carrier bankrupt. The Agency informed the applicant of this situation and that any claim with Wow air had to be filed with one of the liquidators.

DETERMINATION

[3] Section 37 of the Canada Transportation Act, S.C., 1996, c. 10, as amended (CTA) gives the Agency broad discretion to determine whether to hear a complaint.

[4] Since Wow air is now bankrupt, it no longer has control over its property, can no longer operate an air service, and is incapable of either fulfilling the terms and conditions of its tariff or providing passengers with compensation for its alleged failure to do so. As a result, the Agency finds that it will not hear this case because it considers that any corrective measure that the Agency could order, if it were to decide to hear this complaint, would be of no practical effect to the applicant.

CONCLUSION

[5] In light of the above, this case is therefore now moot and must be dismissed.