Wednesday, May 25, 2005 Updated at 5:04 PM EDT
Canadian Press
TORONTO — An Ontario judge struck down Wednesday a lawsuit by WestJet Airlines Ltd. against Air Canada and several of its top executives that accused the airline of abusing the courts as part of a campaign to destroy the discount carrier.
“The statement of claim fails to set forth with any degree of precision the overt acts that were undertaken by each of the alleged conspirators,” Ontario Superior Court Justice Ian Nordheimer wrote in an 11-page decision.
“Rather, there is a blanket and general allegation that the defendants conspired to destroy WestJet and little more.”
In addition to naming Air Canada and Robert Milton, chief executive of ACE Aviation Holdings, Air Canada's parent company, WestJet named Stephen Smith, Air Canada's senior vice-president customer experience, Calin Rovinescu, who was executive vice-president at Air Canada before stepping down in April, and Air Canada's short-lived subsidiary Zip Air.
WestJet had sought $25 million for “abuse of process, intentional interference and economic interests and conspiracy” and another $5 million in punitive damages.
The lawsuit was yet another escalation of the ongoing legal battle between the airlines.
Air Canada filed a $220-million lawsuit last year against WestJet accusing the discount airline of using the Air Canada employee travel website to access information on passenger loads on its flights. Air Canada alleged the information could be used to identify its most profitable routes and times.
WestJet countered with accusations Air Canada hired private investigators to sift through an employee's trash and then had a U.S. firm digitally reconstruct shredded documents containing information on Air Canada flights.
Nordheimer wrote that if WestJet wanted to proceed with its claim of conspiracy that had been part of its lawsuit that it should be dealt with within the Calgary-based airline's counterclaim.
WestJet counter-suit thrown out...
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Pith Helmet
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WestJet counter-suit thrown out...
The chief export of Pith Helmet is Pain.
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Typhoon pilot
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Blastor, I agree it was just a matter of time before this got the heave ho. Its almost at the point where it should all be swept under the carpet and let sleeping dogs lie, christ only knows what other skeletons are in both of the contenders closets.
Live like you will die today
Dream like you will live forever
Dream like you will live forever
Typhoon pilot
Hmm it’s a black mark for aviation that the initial corporate espionage even took place. When you screw up but continue to deny responsibility and accountability even though you’re being caught red handed is where the real problem begins. Try that as a pilot and you’re looking at the end of your career... Unfortunately it isn’t the first or last time that management egos end up screwing their employees...
The WJ and Ryanair court cases are lessons in not how to solve your problems.
Hmm it’s a black mark for aviation that the initial corporate espionage even took place. When you screw up but continue to deny responsibility and accountability even though you’re being caught red handed is where the real problem begins. Try that as a pilot and you’re looking at the end of your career... Unfortunately it isn’t the first or last time that management egos end up screwing their employees...
The WJ and Ryanair court cases are lessons in not how to solve your problems.
Hey Rebel, shouldn't you be spending your time emailing governing bodies, companies, and departments that don't give two sh!ts about your conspiracy theories? You are not one to talk about accountability or responsibility.Hmm it’s a black mark for aviation that the initial corporate espionage even took place. When you screw up but continue to deny responsibility and accountability even though you’re being caught red handed is where the real problem begins. Try that as a pilot and you’re looking at the end of your career... Unfortunately it isn’t the first or last time that management egos end up screwing their employees...
CanadaEH
You would be well advised to start reading your old posts and then perhaps we can talk about responsibility and accountability. Oh that’s right according to you this was all AC’s fault we hacked in to our own computer system. Get a life…On second thought keep up the stupidity the judge will love to hear just how dumb some of you WJ folks actually are. Yeah your settlement payment should pay for one of our new 777’s quite nicely. Maybe we’ll even paint a “Thank You WJ” on its side.
Conspiracy theories?? Have you been drinking more of that WJ Kool-Ad again?
For the information of those folks that are actually employed by WJ this latest twist in the upcoming court battle didn’t even make the AC web site, no one cares. Its in the hands of the justice system and whatever happens, happens..
You would be well advised to start reading your old posts and then perhaps we can talk about responsibility and accountability. Oh that’s right according to you this was all AC’s fault we hacked in to our own computer system. Get a life…On second thought keep up the stupidity the judge will love to hear just how dumb some of you WJ folks actually are. Yeah your settlement payment should pay for one of our new 777’s quite nicely. Maybe we’ll even paint a “Thank You WJ” on its side.
Conspiracy theories?? Have you been drinking more of that WJ Kool-Ad again?
For the information of those folks that are actually employed by WJ this latest twist in the upcoming court battle didn’t even make the AC web site, no one cares. Its in the hands of the justice system and whatever happens, happens..
Rebel... you know, just as we all do, AC will get nothing substantial if anything when all is said and done.
They have gained enough already in achieving what they originally had intended with this well set up lawsuit... convincing the Ontario/Quebec based media, the ignorant general public, and the Ontario/Quebec money men and women that Westjet is "bad" and thus devaluing Westjet's shares.
As for your new triple 7's... if you continue to have 77 million dollar quarterly losses you may never see them.
The more I see you and Blastor post the more I get a sneaky suspicion that you are one in the same... Blastor for outright rediculous malicious slander of Westjet and it's employees and you and your thinly veiled facade of intelligence and reasoning as you slander Westjet and it's employees.
Ever thought of just forgetting about Westjet and staying in your little red tinted world?
They have gained enough already in achieving what they originally had intended with this well set up lawsuit... convincing the Ontario/Quebec based media, the ignorant general public, and the Ontario/Quebec money men and women that Westjet is "bad" and thus devaluing Westjet's shares.
As for your new triple 7's... if you continue to have 77 million dollar quarterly losses you may never see them.
The more I see you and Blastor post the more I get a sneaky suspicion that you are one in the same... Blastor for outright rediculous malicious slander of Westjet and it's employees and you and your thinly veiled facade of intelligence and reasoning as you slander Westjet and it's employees.
Ever thought of just forgetting about Westjet and staying in your little red tinted world?
Schlem
Well I’m not surprised to hear from you again with the same old augment. If I remember correctly didn’t you also forecast that WJ would win their 30M lawsuit against AC? It had merit remember? Well the judge didn’t think so; perhaps you would be wise to read what else he had to say in his judgment. You’re in for a big surprise..
Who would have thought the CEO of Ryanair and two of his top executives are facing possible jail terms at the end of the month. It couldn’t shouldn’t have happened but it just might.
When WJ hacked AC confidential web sites in order to inflect damage on AC, WJ became my business. You get it now..
Well I’m not surprised to hear from you again with the same old augment. If I remember correctly didn’t you also forecast that WJ would win their 30M lawsuit against AC? It had merit remember? Well the judge didn’t think so; perhaps you would be wise to read what else he had to say in his judgment. You’re in for a big surprise..
Who would have thought the CEO of Ryanair and two of his top executives are facing possible jail terms at the end of the month. It couldn’t shouldn’t have happened but it just might.
When WJ hacked AC confidential web sites in order to inflect damage on AC, WJ became my business. You get it now..
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Rubberbiscuit
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Maybe besides the point and I am scared I might get caught in the x-fire but it is now unlikely O'leary will go to jail. The Pilot that was sidelined is now flying and there is therefore no longer contempt. O'leary still has to answer for what he did but a fine is more likely at this stage.
Rubberbiscuit
You may be right but the buzz is that O’Leary and friends may still spend some time in the slammer because they pissed off the judge. I remember been briefed by both company and union lawyers before appearing in a slam dunk case and their legal opinion was even if the case appears in the bag, don’t count on it, as you never know who’s going to drop an undisclosed bomb shell.
You may be right but the buzz is that O’Leary and friends may still spend some time in the slammer because they pissed off the judge. I remember been briefed by both company and union lawyers before appearing in a slam dunk case and their legal opinion was even if the case appears in the bag, don’t count on it, as you never know who’s going to drop an undisclosed bomb shell.
Rebel,
beforte getting all high and mighty about AC being so incredibly wronged I hope you remember that AC is no angel. Plenty of people have lost their jobs, money owed ect.. through past actions by this company.Anyone who hasn't worked at AC for the last 20 years and has worked in aviation has most likely been a victim at some point.
Having said that WJ is no more in the right, their actions will be dealt with in the courts.I as well don't see it amounting to anything big although for diffrent reasons. I think politics will play a role behind the scenes and a minimal fine or an agreement will be the settlement. Now that AC is no longer public enemy #1 in the press I doubt even they want a huge settlement that could jeopordize their image as the lowly recovering airline beseached by terrible competion.
PR rules and AC has the upper hand at the moment. That's worth more to them than any money they could receive.
beforte getting all high and mighty about AC being so incredibly wronged I hope you remember that AC is no angel. Plenty of people have lost their jobs, money owed ect.. through past actions by this company.Anyone who hasn't worked at AC for the last 20 years and has worked in aviation has most likely been a victim at some point.
Having said that WJ is no more in the right, their actions will be dealt with in the courts.I as well don't see it amounting to anything big although for diffrent reasons. I think politics will play a role behind the scenes and a minimal fine or an agreement will be the settlement. Now that AC is no longer public enemy #1 in the press I doubt even they want a huge settlement that could jeopordize their image as the lowly recovering airline beseached by terrible competion.
PR rules and AC has the upper hand at the moment. That's worth more to them than any money they could receive.
NopeRebel wrote:Schlem
Well I’m not surprised to hear from you again with the same old augment. If I remember correctly didn’t you also forecast that WJ would win their 30M lawsuit against AC?
I could care less about Ryanair.Who would have thought the CEO of Ryanair and two of his top executives are facing possible jail terms at the end of the month. It couldn’t shouldn’t have happened but it just might.
Umm... when AC allowed Westjet to access information on it's website. So tell me... how will you be directly affected and why does this matter cause you to go on a campaign to smear Westjet and those here that work for Westjet??When WJ hacked AC confidential web sites in order to inflect damage on AC, WJ became my business. You get it now..
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Hun IN the SUN
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Whether I believe WJ is guilty or not I understand nothing is proven in court and no legal judgement has been made.Hun IN the SUN wrote:Schlem what is so difficult to understand here??????
WJ is guilty plain and simple, they got caught red handed everybody can see this. Although still they dont take accountibility, which is hurting them more. Mark my words AC will win this court case.
Why can't you understand AC knew exactly what WJ was doing all along and let them continue until AC had what they thought was enough information to damage WJ and file a lawsuit... at the most opportune time for them... while they were under the protective umbrella figuring out how they could screw over their creditors while at the same time get the wheels rolling on buying a new fleet.
It was a perfect plan and I give AC credit for it... remove the media spotlight from themsleves while they are down and out and put it on WJ in the most negative way possible... brilliant!
Schlem
AC only knew what was going on when a WJ employee informed them. You see there are some WJ employees that still have integrity and were sickened by the behavior of the WJ management team.
What part of guilty don’t you understand? Mr. Hill has already admitted to that fact or have you uncovered another conspiracy plot by the rest of the world against WJ? I’m surprised that you folks haven’t accused the courts of bias treatment against WJ. Perhaps next week…
AC only knew what was going on when a WJ employee informed them. You see there are some WJ employees that still have integrity and were sickened by the behavior of the WJ management team.
What part of guilty don’t you understand? Mr. Hill has already admitted to that fact or have you uncovered another conspiracy plot by the rest of the world against WJ? I’m surprised that you folks haven’t accused the courts of bias treatment against WJ. Perhaps next week…
Guilty in what context?
Has it been proven they are guilty of corporate espionage?
Has it been proven they are guilty of illegally gaining information from the website?
They are guilty of one thing... gaining information that AC allowed them to have access to... that's the way I see it and until proven otherwise I'll continue to see it that way.
Has it been proven they are guilty of corporate espionage?
Has it been proven they are guilty of illegally gaining information from the website?
They are guilty of one thing... gaining information that AC allowed them to have access to... that's the way I see it and until proven otherwise I'll continue to see it that way.
Rebel I would have to agree with you. What happened is called corporate espionage. If its proven that WestJet expanded or moved their eastern hub with this information they are in deep shit. I also think its a bad sign that the monitor for jetsgo is proceding with the lawsuit. They wouldn't be doing that if there was nothing to substantiate it.
Personally if I was an employee of WJ I wouldn't be defending your boss on this one. From the sidelines it looks like WJ got caught with their hand in the cookie jar and like it or not you are going to pay for
Personally if I was an employee of WJ I wouldn't be defending your boss on this one. From the sidelines it looks like WJ got caught with their hand in the cookie jar and like it or not you are going to pay for
Whipline, just wondering how you found out about this. Was it in a newspaper article? I was following the bankruptcy proceedings wondering what was going to become of the lawsuit but didn't see anything.whipline wrote:I also think its a bad sign that the monitor for jetsgo is proceding with the lawsuit. They wouldn't be doing that if there was nothing to substantiate it.
BTW, thanks for the update!!!
Don't take my word as gospel Trickles, I read the jetsgo part in the news and its more then possible it was a mis-quote. I'm sure we can both agree on how inaccurate news articles can be.
If it is true and WestJet end up paying 50 million to get rid of jetsgo it will still be less then what it would have costed WestJet to continue seat sales against them. IMHO
If it is true and WestJet end up paying 50 million to get rid of jetsgo it will still be less then what it would have costed WestJet to continue seat sales against them. IMHO
Hate to burst your bubble, trickkles. I know how thrilled you get when you see something negative about WestJet 
The monitor won't be proceeding with the lawsuit. That's ridiculous. Jetsgo is being liquidated, although ther probabley won't be anything much to sell. One of the items for sale could concievably be that lawsuit. Someone could buy it, spend millions to litigate it, and try to get a judgement for harm that they didn't actually suffer.
Hey, do think maybe you and rebel/blastor could combine your pop bottle money and buy it?
The monitor won't be proceeding with the lawsuit. That's ridiculous. Jetsgo is being liquidated, although ther probabley won't be anything much to sell. One of the items for sale could concievably be that lawsuit. Someone could buy it, spend millions to litigate it, and try to get a judgement for harm that they didn't actually suffer.
Hey, do think maybe you and rebel/blastor could combine your pop bottle money and buy it?
Hi Trickkles
RVSM's posts are quite laughable, if he/she only knew, I don’t know about Blaster as I don’t even know who he/she is but this is a fabulous idea. Lets all bid on Jetsgos lawsuit against WJ providing what RVSM has said is true. Perhaps we’ll become instant millionaires.
On second thought I’ll e-mail the monitor and confirm the true story..
Cheers
RVSM's posts are quite laughable, if he/she only knew, I don’t know about Blaster as I don’t even know who he/she is but this is a fabulous idea. Lets all bid on Jetsgos lawsuit against WJ providing what RVSM has said is true. Perhaps we’ll become instant millionaires.
On second thought I’ll e-mail the monitor and confirm the true story..
Cheers
Rebel wrote:Lets all bid on Jetsgos lawsuit against WJ providing what RVSM has said is true. Perhaps we’ll become instant millionaires.
Wow, great plan. Instant millionaires, guess I misssed my chance.
It is very odd to see a few people here like Rebel and Blastor who are actually so obsessed with WJ that they come to the WJ forum daily. argue, post in it and view it.
While maintaining they would never want to work for WJ they post and view this forum more than any other on the site.
It's so bad that when they cannot find a reason to post they will go to months old articles and post them.
I wonder does anyone do this in the AC forum, No, in any other forum,no.So while we hear from these to guys how WJ is so bad maybe they should look at what they do and how it reflects on them. The WJ'ers here show a lot more class than you lot.
AS I read back through the post it's pretty ridiculous to see how non WJ'ers have so much to say but never in their own forums.
You guys can always re-apply. I have a friend who can give you a reference.
Wow, great plan. Instant millionaires, guess I misssed my chance.
It is very odd to see a few people here like Rebel and Blastor who are actually so obsessed with WJ that they come to the WJ forum daily. argue, post in it and view it.
While maintaining they would never want to work for WJ they post and view this forum more than any other on the site.
It's so bad that when they cannot find a reason to post they will go to months old articles and post them.
I wonder does anyone do this in the AC forum, No, in any other forum,no.So while we hear from these to guys how WJ is so bad maybe they should look at what they do and how it reflects on them. The WJ'ers here show a lot more class than you lot.
AS I read back through the post it's pretty ridiculous to see how non WJ'ers have so much to say but never in their own forums.
You guys can always re-apply. I have a friend who can give you a reference.
