New Trial – New Decision: Crash in a Deliberate Single Engine Take-Off is an...
A recent decision of the Ontario Superior Court considered the definition of an “accident” within the meaning of an aviation policy of insurance, with important consequences for insurers and pilots....
View ArticleCanadian Transportation Agency rules that passengers cannot take advantage of...
In our increasingly electronic age, more air travellers are purchasing flights online, on the basis of posted fare prices. But what happens in the case of “mistake fares”, when the wrong fare price is...
View ArticleNew Exemptions for Commercial UAV Operators
Transport Canada recently introduced two new exemptions to simplify commercial unmanned air vehicle (UAV) operations and safely integrate them into Canadian airspace. UAV operations are regulated by...
View ArticleYear in Review: Thibodeau v. Air Canada – The Exclusivity of the Montreal...
Michel and Lynda Thibodeau (the “Thibodeaus”) launched several complaints before Canada’s Commissioner of Official Languages (the “Commissioner”) alleging that Air Canada had contravened its...
View ArticleCourt grants injunction against airport protests
In January 2014, we reported on a decision of the Alberta Provincial Court acquitting on criminal charges of trespass eight members of an anti-abortion organization engaged in demonstrations in the...
View ArticleYear in Review: Airline Liability for “Bumping”
In July 2014, the U.S. Court of Appeals for the Eleventh Circuit released a ruling in the case of Campbell v. Air Jamaica Ltd. This decision confirmed that a passenger can only recover expenses...
View ArticleStatus Quo for Limits of Liability under Montreal Convention
The Montreal Convention of 1999 (“MC99”) establishes liability limits for commercial aircraft operators for damages in relation to the international carriage of passengers, baggage and cargo. Article...
View ArticleInterpreting “Accident” in Article 17 of the Montreal Convention
In October 2012, we reviewed the Ontario Superior Court of Justice’s decision in Gontcharov v. Canjet, 2012 ONSC 2279. The Gontcharov decision affirmed the Ontario court’s alignment with the U.S....
View ArticleExpanded “no-fly” list coming as part of Bill C-51
On January 30, 2015, the Federal Government introduced Bill C-51, also known as the Anti-terrorism Act, 2015. In addition to amending several existing statutes, including the Criminal Code and the...
View ArticleYear in Review: CTA Rules on Standing for Discrimination Complaints
In its Decision No. 425-C-A-2014, the Canadian Transportation Agency (CTA) directly addressed a person’s right to bring a complaint of discrimination. In September 2014, Gábor Lukács filed a complaint...
View ArticleCanadian Government Amends Regulations for Offshore Flights
The Honourable Lisa Raitt, Federal Minister of Transport, announced on April 22, 2015 that amendments to the Canadian Aviation Regulations (“CARs”) regarding offshore helicopter operations in Canada...
View ArticleUAVs and the Canadian Charter of Rights and Freedoms
The rise in popularity and use of unmanned aerial vehicles (“UAVs”) has attracted much attention recently. In the last year, we have seen a major uptick in UAV use by private companies. Here in Canada,...
View ArticleSupreme Court of Canada dismisses appeal of pilot in discrimination action...
Last year, we posted an update about the Supreme Court of Canada’s decision to hear an appeal involving Mr. Latif, a Canadian pilot of Pakistani descent. He alleged that he was a victim of...
View ArticleSupreme Court of New South Wales rules that PTSD can be a “bodily injury”...
In November 2009, an aircraft operated by Pel-Air Aviation Pty Ltd (“Pel-Air”) flew from Sydney, Australia to Samoa to transport a seriously ill patient and her husband to Melbourne, Australia. The...
View ArticleNew drone regulations expected from Transport Canada in 2016
In May 2015, Transport Canada sought comments from aviation stakeholders across Canada regarding a Notice of Proposed Amendment on Unmanned Air Vehicles (UAVs), also known as drones. For some time,...
View ArticleBond: Training Bond
New employees are often subject to probationary periods during which their suitability for employment is evaluated. Probationary periods are defined periods of time (which are often for three months...
View ArticleThe Battle Over Passenger/Flight Attendant Ratios: Transport Canada Decisions...
Until August 1, 2015, the Canadian Aviation Regulations (the “CARS”) required at least one flight attendant for every 40 passengers on board a commercial aircraft. In 2013, Transport Canada (the...
View ArticleCanada’s Federal Court affirms public safety trumps commercial interests
Earlier in 2015, the Federal Court heard two days of submissions from Canadian company Rotor Maxx Support Ltd. and the Minister of Transport (click here for link). The issue: whether the Minister of...
View ArticlePassenger claims in international air travel: How far does the Montreal...
In the 2014 decision of Thibodeau v. Air Canada, the Supreme Court of Canada confirmed that the Montreal Convention, an international treaty incorporated into Canadian law, exclusively governs...
View ArticleCutting it close – Passengers found negligent for booking close connections
There are many ways in which passengers book air travel. Some use travel agents or tour companies, while others choose to book their travel online. Travel agents ought to be well accustomed to leaving...
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