Finamore, Robert (OST) /•;rn..cNTOF 

^ ' J iUMUM 

From: Brian Her [biler@ilercampbell.com] -'~ p.'; i ir: " 

Sent: Friday, April 01, 2011 3:24 PM 

To: Finamore, Robert (OST) ..,,,.,. _ 

Subject: RE: Application of Porter for a Foreign Air Carrier Permit ' ' ' ' I-' ^'^' 3\ 

Attachments: CAIR Deluce March 2011 x.pdf; CAIR - TPA March 22 11.pdf 

Thanks. 

Communit}'AIR wishes to remain on the record with its objections. 

Further, as noted in our earlier submission, access to the Toronto Island airport remains severely resuicted - to 120 

slots - as set out in the basis for a settlement of outstanding claims that resulted in the payment of taxpayers' money 

to Porter and to the Toronto Port Authorit}'. 

Please see our recent letters to the TPA and Porter attached. 

It would appear that no airline other than Porter has the abilitj^ to use tliat airport, as Porter has been allocated all of 

those slots. 

Brian ller 

Chair, CommunityAIR 

7th Floor, 150 John Street 

Toronto M5V 3E3 

r^^w^Minin» ^°'^' - (416)598-0544 (direct) 

Cemmgi i ^^„^ (416)335-4384 

S \ M I m ("ax: (416)598-3484 

AHKMThMCTRcMw http://www.commuHitvaJr.Qrg/ 

From: Robert.Finamore@dot.qov rmailto:Robert.Finamore(a)dot.aQv1 

Sent: Friday, April 01, 2011 3:16 PM 

To: Brian Her 

Subject: Application of Porter for a Foreign Air Carrier Permit 

Good Afternoon Mr. ller: 

The Department had previously issued an order to show-cause (2009-10-2) in Docket DOT-OST-2007-27402 that 

tentatively granted a foreign air carrier permit to Porter. Community Air filed an objection to Order 2009-10-2, and that 

objection was dated October 20, 2009. Continental also filed an objection, and Porter filed a reply. 

As I believe you're aware, on March 11, 2011, Porter filed a motion for issuance of its foreign air carrier permit, and no 

comments or objections were filed to its motion. In light of the absence of comment or opposition to the recent Porter 

motion, I wanted to check with you regarding the status of the Community Air objection that had been filed to Order 2009-

10-2. Specifically, can you please advise whether Community Air wishes for its objection to remain on the record in the 

Porter permit proceeding, or does Community Air wish to withdraw its October 20, 2009 objection? I'll also be checking 

with Continental regarding the status of its objection. 

Regards, 
CommunityAIR - working towards a dean, green waterfront 

Comnnunitti 

AIR 

AIRPORT IM^CT REVIEW 

March 22, 2011 

DELIVERED BY EMAIL rolx-iM.deluceUMlypoi-ter.com 

Robert Deluce 

CEO, Porter vVJrlines 

Toronto Island Airport 

Toronto, Ontario 

Canada M5V lAl 

Dear Mr. Deluce: 

Re: Island Airport 120 Slots Limit 

On May 3, 2005, your firm received $20 million of federal government money in settlement 

of its proposed claim tor damages alleged to have been incurred as a result of the 

cancellation of the bridge to the Toronto Island Airport. 

As you are well aware, this settlement limited the number of slots (landings -*- takeoffs) at 

that Airport to 120, reducing it from the anticipated 167 slots with the bridge.. 

That $20 million was calculated largelv on the basis of presumed future reduced revenue to 

the TPA and Porter over the remaining 28 jears the ,-\Jrp(.>rt was expected to operate. 

Central to the calculation of that reduced revenue was the reduced slot limit. 

These facts are well documented in the Tasse Report and the internal Transport Canada 

document leaked to the media in September 2006 (a copy is attached). 

The 120-slot limit assists to some degree in ameliorating the noise, pollution and traffic that 

the Island Airport's expansion has inflicted upon the jewel that is Toronto's waterfront. 

We appreciate that the 120-slot limit will constrain the increase in business at the Island 

Airport your firm has planned. However, this limit is one vou agreed to and have been 

wholly aware of since the date your firm accepted that money 

7th Floor, 150 John Street, Toronto M5V 3E3 

http://www.communitvair.ore/ 
Violation of that limit without repayment of the $35 million would represent an abuse o( 

the taxpayer. We do not believe ihat Minister Strahl and his government would tolerate that. 

There are only t\^'o choices: aftlrm and abide by the 120 slot limit or repay the monev. 

As hard-earned taxpayers' dollars were used to compensate TPA and your firm for having to 

accept that limit, we have therefore written to Minister Strahl to insist thai he require the 

TPA and your firm to choose one or the other. 

Our letters to Minister Strahl and Mr. McQueen of today's date are also attached for your 

information. 

Yours trulv. 

Brian Jier, Chair 

416-.S98-0103 work 

416-835-4384 ceU 

End. 

7th Floor, 150 John Street, Toronto M5V 3E3 

http://www.communitvair.org/ 
CommunityAIR - working towards a clean, green waterfront 

Coryimunitii 

AIR 

AIRPORT IMPACT REVIEW March 22,2011 

DELIVERED BY EMAIL mmcnuucn(i:f'wclIingtonfund.com 

Mark McQueen, 

Chair, Board of Directors 

Toronto Port Authority' 

Dear Mr. McQueen: 

Re: Toronto Island Airport 120 Slots Limit 

On May 3, 2005, Transport Canada paid S35 million of taxpayers' money to the in 

setdement of proposed claims for damages alleged to have been incurred as a result of the 

federal government's decision to cancel the bridge to the Toronto Island Airport. 

Of this sum, $20 million was paid by the TPA to Porter Airlines. 

This setdement limited the number of slots (landings + takeoffs) for large turboprops (such 

as the Q400 flown by Porter) at the Airport to 120, reduced from the anticipated 167 slots 

with the bridge. 

The amount paid was calculated largely on the basis of presumed future reduced revenue to 

the TPA and Porter over the remaining 28 years the Airport was expected to operate. 

Central to the calculadon of that reduced revenue was the reduced slot limit. 

These facts are well documented in Transport Canada's Tasse Report and the internal 

Transport Canada document leaked to the media in September 2006 (a copy is attached). 

You can readily confirm all of this unth \our former CEO, Lisa Raitt, who was a key 

negodator of this setdement. 

The 120-slot limit assists to some degree in amelioradng the noise, pollution and traffic that 

the Island Airport's expansion has inflicted upon the jewel that is Toronto's waterfront. 

7th Floor, 150 John Street, Toronto M5V 3E3 

http://www.communitvair.org/ 
Given these facts, we have become increasingly concerned, as the TPA and Porter have both 

publically announced plans to exceed that 120-slot limit. 

The addition of Air Canada's 30 slots in May will certainly result in a breach of that limit, 

unless Porter's business condnues to decline to the extent that it cannot use the slots 

allocated to it. 

Violation of that limit widiout repayment of the S35 million would represent an abuse of 

the taxpayer. We do not believe that Minister Strahl and his government would tolerate that. 

There are only two choices: affirm and abide bv the 120 slot limit or repay the money. 

As hard-earned taxpayers' dollars were used to compensate TPA and Porter for having to 

accept that limit, we have therefore written to Minister Strahl to insist that he require the 

TPA and Porter to choose one or the other. 

Our letters to Minister Strahl and Mr. Deluce of today's date are also attached for your 

information. 

Yours trulv, 

Brian Her, Chair 

416-598-0103 work 

416-835-4384 ceU 

cc. Geoff Wilson, TPA CEO, by email 

end. 

7th Floor, 150 John Street, Toronto M5V 3E3 

http://www.communitvair.ore/