Baudisch v. Canada ( Civil Aviation Tribunal )
T-1360-96
Muldoon J.
21/4/97
11 pp.
Application for judicial review of decision of Minister of Transport to suspend applicant's Airline Transport Licence for three days for violation of Air Regulations, s. 540.2(6)-Applicant flight instructor at Edmonton Flying Club-Transport Canada alleging applicant, as commandant of Beechcraft 58 C-GXJW, flew into known icing conditions on February 8, 1992-Applicant denying flying Beechcraft 58 C-GXJW on that date-Granted stay of suspension pending Civil Aviation Tribunal review hearing-Tribunal's decision not in applicant's favour-Applicant objecting Minister had not given him adequate disclosure of witnesses-Suspension upheld by Tribunal-Appeal panel dismissing applicant's appeal-Whether scope of Civil Aviation Tribunal Rules, s. 10, Aeronautics Act confer power on Tribunal to decide whether to grant relief requested by applicant-Relief asking Tribunal to render determinations relating to evidence received substantive-Rules, s. 10 applying to procedural matters: manner of proceeding-"Any relief" extending only to procedural matters-No section in Act granting Tribunal jurisdiction to grant relief sought-Tribunal functus officio-Tribunal must complete statutory mandate before becoming functus officio-Relief requested by applicant not available as Tribunal not having jurisdiction to make determinations asked for-Application dismissed-Civil Aviation Tribunal Rules, SOR/86-594, s. 10-Air Regulations, C.R.C., c. 2, s. 540.2(6) (as enacted by SOR/90757, s. 2; 93-498, s. 1)-Aeronautics Act, R.S.C., 1985, c. A-2.