TRANSPORTATION
Minister of Transport issuing notices of assessment of monetary penalty against Whitehorse International Airport when notices should have been issued to Yukon Government as operator of airport—Yukon Government challenging notices on that basis—Transportation Tribunal of Canada allowing Minister’s motion to amend notices to add Yukon Government as party, confirming contraventions—Yukon Government’s appeal of that decision allowed on basis Tribunal exceeding jurisdiction by allowing amendment to notices, breaching natural justice by requiring Yukon Government go through proceeding without knowing whether it was a party—That decision subject of appeal in present instance—Tribunal had authority to amend notices—Appeal Panel erred by applying criminal law principles to administrative law issue—With respect to natural justice, nothing unfair about approach taken by Tribunal—No evidence of actual prejudice to Yukon Government—Appeal allowed.
Canada (Attorney General) v. Yukon (T-1708-05, 2006 FC 1326, Barnes J., judgment dated 2/11/06, 16 pp.)