Why would you make that assumption/assertion? I find most times when a Company or an Institution (ie: gov't) uses the 'we can't/won't discuss this because it is before the courts' it's because they DON'T WANT to discuss it, and want to keep the matter out of the public eye as much as possible.

In this case, it might be in his best interest to make this as public as possible for a variety of reasons.

Personally, I'm hoping this goes all the way to trial as it will force Air Canada to disclose a lot of things they probably don't want to around their business and pricing practices, along with the arrangements between Alliance partners, which is why I expect it will never get that far.