Originally Posted by
cruisr
Who has more authority in this situation the CTA or the airline? If the CFC refuses to hear the case then would not CTA have the last, and hopefully final word? Appeals can not go on indefinitely.
It is not so much to do with 'authority' but rather with the parties exercising their legal
rights. That's what the legal system is for (provided the litigant isn't being vexatious). Why should Swiss have any less right to the legal system than anyone else?
Swiss could go on appealing to the highest court in canada if it believes that the CFC has erred. Whether or not they would be granted leave to appeal is another matter. Each court will have to decide that on application (by Swiss). And the higher it goes the harder it potentially gets.