Jetsgo says WestJet let Air Canada provide documents found i

[Rebel]

Jetsgo says WestJet let Air Canada provide documents found in garbage

Canadian Press

Friday, October 01, 2004

MONTREAL (CP) - Sensitive documents about Jetsgo's operations have been handed over to the discount airline's lawyers by Air Canada, which found them among trash while investigating their mutual rival WestJet Airlines.

Air Canada had previously agreed to release the documents, which were recovered along with some of its own during a search of garbage or recycling material at the home of a former WestJet executive.

Air Canada sued WestJet and two of its employees earlier this year, claiming they gained access to an Air Canada employee website to check seat availability.

Calgary-based WestJet countered by alleging Air Canada's private eyes trespassed by taking the shredded documents from a municipal recycling container.
No allegations from either side have been proven in court.

Jetsgo CEO Michel Leblanc requested in September that the documents relating to its business be handed over by Air Canada, which said it was willing to do so.

However, Air Canada said it couldn't do so without permission from WestJet and Mark Hill, a WestJet co-founder who has resigned.

Hill was one of two WestJet employees accused by Air Canada of improperly obtaining competitive information by accessing a website for Air Canada employees. WestJet has disputed the importance of the information.

Jetsgo announced Friday that WestJet and Hill had given their consent and that Air Canada provided the documents to Jetsgo's lawyer.

"We have just received the documents and will study them in order to determine the appropriate course of action," said Leblanc. "We appreciate the timely consent from WestJet and Mr. Hill facilitating the release of the documents and we thank Air Canada for their co-operation."

The documents include a summary of Jetsgo's domestic load factors in November 2003. Load factors are an industry measure of how much of an airline's seating capacity is used during a given period.

Since Jetsgo publishes a summary of its load factors on a monthly basis, it's not clear if its rivals were able to benefit from the information.

Jetsgo doesn't list its shares on a public stock exchange. Air Canada's old shares (TSX:AC) have been delisted but shares of its successor company, ACE Aviation Holdings Inc., will begin trading Monday under the symbols ACE.B., and ACE.RV.

WestJet shares (TSX:WJA) traded at $13.30, up 15 cents.

© The Canadian Press 2004