Yearly Archives: 2009

Proposed Liberalization of Canada’s Foreign Ownership Rules

New regulations to liberalize Canada’s foreign ownership rules in connection with Canadian air carriers are expected to come into force in 2010.  The changes are contained in Bill C-10, the Budget Implementation Act, and will apply to all air carriers (i.e. public, private, fixed-wing, rotary-wing, etc.).

The legislative changes stemmed from recommendations of the Competition Policy Review Panel, which was established in 2007 by the Minister of Industry to examine and report on laws affecting competitiveness of Canadian businesses, especially those in the aviation sector.

The new regulations will give the federal cabinet the power to allow non-Canadians to own and control up to 49% of the voting interests of a Canadian air carrier.  Currently, non-Canadians are …

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Update on Bill C-310: Canadian Passenger Bill of Rights

On February 14, 2008, thousands of passengers were stranded for up to ten hours onboard several JetBlue Airways aircraft on the tarmac at Kennedy International Airport.  The passengers complained that they were deprived of food and water and that restrooms were not available as toilets had overflowed.  A month later, several hundred passengers travelling with several other airlines were stranded aboard planes at JFK after a day-long ice storm.  In response, New York State passed a law providing airline passengers with certain minimum rights, which if violated would attract fines payable by the airlines.  The New York State law was later “struck down” in a court decision finding that aviation was under federal and not state jurisdiction.

European Regulation (EC)

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From Human Rights to Animal Rights: Travelling with Pets

Earlier this year, Air Canada announced that it would allow cats and small dogs to ride in the passenger cabin of its aircraft.  Although WestJet has for some time allowed cats, dogs, birds and rabbits on its flights, there was a negative reaction to Air Canada’s announcement.  Specifically, there has been strong opposition by allergy and asthma sufferers about the health hazards associated with having pets in the aircraft cabin. This past fall, the Canadian Lung Association commenced a “Say No to Pets on Planes!” campaign in an effort to urge the House of Commons Standing Committee on Health to take action against the airlines.

 

The controversy over animals in aircraft cabins is not new.  In 2002, the Canadian

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The Montreal Convention and Damages for “Inconvenience and Mental Anguish”

Lukacs v. United Airlines Inc. and Skywest Airlines Inc., 2009 MBQB 29, affirmed 2009 MBCA 111.

The Manitoba Court of Appeal recently confirmed principles established by American and Canadian appellate courts regarding the recovery of damages for inconvenience and mental anguish resulting from accidents during international air travel.

Mr. Lukacs’ flight from Winnipeg, Manitoba to Columbus, Ohio was cancelled due to aircraft mechanical failure.  As a result, he was unable to attend a conference that was scheduled to begin the next morning.  He was offered a ticket on another flight that departed the next day, but this was unsatisfactory.  Mr. Lukacs was refunded the full price of his airline ticket and the costs associated with the use …

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Welcome to the Alexander Holburn Aviation Law Blog

Welcome to the Alexander Holburn Aviation Law Blog!  This blog has been created by the Aviation Practice Group at Alexander Holburn Beaudin & Lang LLP, a full-service law firm based in Vancouver, British Columbia, Canada.

The lawyers in our Aviation Practice Group handle legal matters of special concern to the aviation community, including litigation arising out of aircraft accidents and incidents, aviation-related product liability litigation, airline claims handling, administrative tribunal hearings, regulatory compliance issues and various other transportation-related matters.

In this blog, we will cover recent developments in Canadian aviation law and discuss various other topics that we feel may be interesting and possibly useful to members of the aviation industry.  Our blog is for the sole purpose of general …

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