Air Canada JazzJOHN LEHMANN
Air Canada Jazz plans to forge ahead with a lawsuit in Federal Court as the regional carrier seeks to return to Toronto City Centre Airport.
The lawsuit was filed in 2006 against Porter Airlines Inc. and the Toronto Port Authority, with Jazz alleging that Porter and the federal agency have unfairly blocked rivals from using the island airport near Toronto's downtown business core.
But Jazz, which flies on behalf of Air Canada, has agreed to discontinue its legal battle in Ontario Superior Court against privately owned Porter and the port authority, which oversees the airport.
Porter president Robert Deluce claimed victory in what he called the "heavy-handed" and "frivolous" Ontario case while Alan Paul, the port's acting president, said he's pleased that Jazz has withdrawn the provincial suit.
Air Canada spokesman Peter Fitzpatrick countered that Jazz wants "fair and equal access to a federally owned and operated facility, and that is why we are continuing with our case in Federal Court."
A company controlled by Mr. Deluce ousted Halifax-based Jazz from the island airport in February, 2006. Jazz, which is listed on the Toronto Stock Exchange as Jazz Air Income Fund , hopes to return to the site by mid-2010.
Brent Jang