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No. T-428-20
FEDERAL COURT
BETWEEN:
JANET DONALDSON
PLAINTIFF
AND:
DEFENDANTS
STATEMENT OF DEFENCE
1. The defendant Air Transat A.T. Inc. (referred to herein as “Air Transat” or the
defendant) opposes all of the relief sought at paragraph 2 of the statement of claim and
seeks an order that this proposed class proceeding be dismissed.
2. The defendant disputes the jurisdiction of the Federal Court to determine the
matters raised in the statement of claim. The matters pleaded in the Statement of Claim
do not fall within the jurisdiction of this court to adjudicate. Air Transat files this
statement of defence at the direction of the Court but, by doing so, does not attorn to the
jurisdiction of the Federal Court in relation to the matters raised in the statement of claim.
3. In the alternative, if this court has jurisdiction to adjudicate these claim, the
plaintiff does not have a cause of action against Air Transat and the claim should be
struck as disclosing no reasonable cause of action in the absence of a named plaintiff with
a cause of action against Air Transat.
111913.00205/108808460.3
-2-
Per:
111913.00205/108808460.3