On March 12, 2009, a Sikorsky S-92A helicopter destined for the Hibernia Oilfield crashed in the Atlantic Ocean off the coast of Newfoundland and Labrador. Seventeen passengers suffered fatal injuries in the crash and the lone survivor suffered serious injuries. In response to safety recommendations from the Transportation Safety Board of Canada, regulatory amendments have been proposed by Transport Canada. The proposed amendments are meant to reduce the risks associated with flights in support of offshore oil, gas or mineral exploration.
The proposed amendments contain the following new requirements:
(a) no offshore operations flights are to be conducted if the sea state reported at the destination exceeds the sea state for which the helicopter is certified to conduct a ditching in …
In late 2012, the European Court of Justice released its ruling in the matter of Sanchez v. Iberia Airlines, in which it had been asked to decide whether an airline was liable for loss of baggage to multiple passengers who had packed items in the same bag, or whether compensation was only available to the passenger who had checked the bag.
The Court was called on to interpret Article 22(2) of the Montreal Convention, which is an international convention that governs the liability of air carriers engaged in international carriage. This Article states that in the case of destruction, loss, damage or delay of baggage, an airline’s liability will be limited to 1,131 Special Drawing Rights (approximately $1,750 CAD) …
A 19-year old man was charged in Calgary this week with assault causing bodily harm and two mischief-related charges under the Criminal Code. He is being accused of pointing a type-3 laser at a Calgary police helicopter pilot three times. For a recent article about the rising frequency of these incidents in Canada, click here. It is alarming and perplexing that these events continue to occur.…
The Supreme Court of Canada announced today that it will hear an appeal of a case which considered the interaction and potential conflict between the Montreal Convention (a treaty governing international air travel) and Canadian language law rights.
Click here to view a recent article regarding this case. Click here to view the announcement from the Supreme Court of Canada. Click here to view the Federal Court of Canada decision that is being appealed.…
Canada’s Minister of State (Transport) announced yesterday that new software will be deployed on Canada’s full-body scanners that will enhance passenger privacy at airports. The new software produces computer generated “stick figures” rather than an outline of the passenger’s body, enhancing privacy for air travellers. In addition, the scanner does not collect personal information from the passenger it screens nor is the image correlated in any way with the name of the passenger or any other identifying information.
The changes likely arise in response to the decision by the United States to get rid of body scanners that could not be modified to alleviate privacy concerns. The Electronic Privacy Information Center (a public internet research outfit in Washington, DC) claimed …
On August 24, 2009, the Canadian pilot of a twin engine Piper Aztec flew from North Carolina to Southern Ontario. To clear customs, the pilot made a stop in Brantford, Ontario. After the Canadian Border Services Agents did not arrive, the pilot decided to fly the short remaining leg to his farm.
The pilot started the left engine, but had difficulty starting the right. He shut down the aircraft and attempted to find the problem. Eventually he determined that the right engine was not going to start. He considered his options and decided to attempt a take-off with only one engine.
The pilot started his take-off roll. After the wheels of the aircraft lost contact with the ground, the asymmetrical …
A Halifax passenger booked with Air Canada to fly from Halifax to Beirut, via Montreal. The flight segment from Montreal to Paris was cancelled due to a maintenance issue. Air Canada scheduled a replacement flight which left Montreal later than the originally scheduled departure time. To compensate for the delay, Air Canada offered the passenger an upgrade on the Montreal/Paris segment of the rescheduled flight as well as $1,300 in flight vouchers.
The passenger rejected Air Canada’s offers and elected instead to book flights with another carrier which arrived in Lebanon sooner than the rescheduled Air Canada flight. In order to secure those flights, the passenger had to travel business class. The passenger sued Air Canada for the full cost …
Congratulations to the British Columbia Aviation Council for another successful Silver Wings Awards Banquet! This year, the Banquet took place at YVR’s South Terminal and was hosted by Jaeger Mah, the winner of the Vancouver International Airport’s Live@YVR contest.
As always, the highlight of the evening was the presentation of the Council’s annual industry awards and aviation student scholarships. Industry award recipients included West Coast Helicopters, the Vancouver Airport Authority, Canadian Rockies International Airport (Cranbrook) and Conair Aviation. The winner of the Council’s Lifetime Achievement Award was Lynne Denison-Foster for her many years as a leading aviation educator at BCIT.
This year’s Ernie Alexander Memorial Scholarship was awarded to Sean Samuel (pictured above) of BCIT’s Airline & Flight Operations Program. Sean …
A Canadian resident sought information from KLM about its policies and practices relating to the management of his personal information as a passenger.
The airline was slow to respond and ultimately provided a minimal response.
The passenger complained to the Office of the Privacy Commissioner of Canada that KLM was in breach of the Personal Information Protection and Electronic Documents Act (“PIPEDA”).
Notwithstanding KLM’s foreign incorporation, the Commission took jurisdiction over the complaint on the grounds that there was a real and substantial connection between the complaint, the parties and Canada. In particular, the complainant was a Canadian resident; KLM offers services within Canada; and the complainant originally booked his flight from Toronto.
In its defence, KLM asserted that its …
The aviation partners of Paterson, MacDougall LLP and Alexander Holburn Beaudin + Lang LLP are pleased to announce that the 14th Annual Aviation Conference will be held on Thursday, January 31, 2013, at the Sheraton Toronto Airport Hotel and Conference Centre.
The 14th Annual Aviation Conference continues its tradition of excellence in providing an opportunity for exceptional speakers to come together with attendees from all areas of the aviation industry to examine and discuss topical issues that affect our industry.
The conference will include panel discussions on developments in the areas of aviation law, government initiatives, insurance, commerce and regulation that affect all of us in Canada and internationally. Stay tuned for more details.…