Judge rules in favour of airport authority

A Manitoba judge has sided with the Winnipeg Airports Authority in a battle over limousine and bus companies’ access to its property.

Court of King’s Bench Justice Herbert Rempel, in a recent ruling, issued an injunction barring several commercial transportation firms from operating on airport property.

The airport authority filed its statement of claim and notice of motion in October, naming Hollywood Limousine Service, Hollywood Transportation Services, Canada Bus Lines, Peg City Limo Corp. and an unnamed company as defendants.

It sought an injunction barring the companies, which are all directed by Rupinder (Ricky) Singh Brar, from airport property. The companies do not have valid commercial transport licences — which are issued by the airport authority — to operate on the grounds.

“The WAA asserts, correctly in my view, that every nook and cranny of the airport property is private property belonging to the Government of Canada and subject to the exclusive use of the WAA by virtue of the lease it has obtained from the Government of Canada as owner,” wrote Rempel.

“This fact results in the airport property, in its entirety, being subject to the WAA’s exclusive control.”

As a result, all roads on the property are the authority’s to control and can’t be considered public roadways, Rempel said.

The companies had argued their vehicles were using the passenger pickup lane outside the main terminal that regular members of the public use, rather than the lanes for commercial transport companies, and that, as a result, they were not trespassing.

“The inference Mr. Brar wants me to draw is that the interlocutory injunction sought by the WAA in this case arose solely because of ill-will that the WAA holds against him due to the Hollywood litigation.”

“I am satisfied that any commercial operator of ground transportation trying to circumvent this commercial licensing regime, by using the so‑called public lanes on the airport property rather than the designated commercial lanes, to conduct commercial operations is engaging in the tort of trespass and breaching the provisions of The Trespass Act of Manitoba,” wrote Rempel.

Brar had argued that the airport authority had sought the injunction against his companies in bad faith, because one of his other companies, Hollywood Transportation, has filed a lawsuit for damages over its loss of its commercial licence to operate on the airport’s property. That claim remains before the court.

“The inference Mr. Brar wants me to draw is that the interlocutory injunction sought by the WAA in this case arose solely because of ill-will that the WAA holds against him due to the Hollywood litigation,” wrote Rempel.

But he disagreed with Brar’s argument and noted that an official from the airport authority denied in court that there was a connection.

Rempel also dismissed an application from one of the companies, Peg City Limo Corp., which asked the court to grant an injunction barring the airport authority from enforcing its right to issue trespass notices to the company. Peg City argued it will suffer economic catastrophe if it can’t operate at the airport without a licence.

“If the WAA cannot restrain the unlicensed commercial activity of Peg City on the airport property, the commercial regulatory regime… would be undermined.”

But Rempel said if any party was to suffer harm, it would be the airport authority.

“If the WAA cannot restrain the unlicensed commercial activity of Peg City on the airport property, the commercial regulatory regime… would be undermined to such an extent that it would create a two-tiered system for commercial operators. A two-tiered system would clearly result in prejudice to fee-paying commercial operators by allowing unlicensed non-fee-paying commercial operators like Peg City to flout the WAA’s licensing regime,” said Rempel.

“That kind of scenario would certainly create incalculable financial harm to the WAA, in my view. It is difficult to imagine why existing commercial operators would continue to play by the rules established by the WAA and pay their licensing fees in a two-tiered system.”

erik.pindera@freepress.mb.ca