Air Canada Jazz is appealing a federal court decision that effectively keeps the airline from flying in and out of the Toronto island airport.
In dismissing the application, the federal court ruled that Air Canada Jazz abused the court process in applying for judicial review of a contract between rival Porter Airlines and the Toronto Port Authority. That deal prohibits Jazz from using the airport unless it agrees to limit its operation.
It was the second application Air Canada Jazz had filed with the court. The first was dismissed and the airline was instructed that the case should be resolved at a trial.
Martha Milczynski, a judicial officer in Toronto, wrote in the decision that the application "wastes judicial resources and the resources of the TPA and Porter parties."
Air Canada Jazz and the port authority got into a legal wrangle after the port began beefing up air service in 2002.
The port said Air Canada did not want to increase service, which led the authority to sign a deal with Porter Airlines, while also offering Air Canada a contract that limited destinations and flights out of the airport.
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