Monthly Archives: March 2010

Invasion of the Body Scanners

Airport body scanners have gained a lot of attention since their increasing use in North America and Europe in the wake of the failed attack by the “Underwear Bomber”.  Questions have been raised about whether the scanners invade an individual’s right to privacy and/or religious freedom, and if so, whether that invasion is justified.

Eight full-body scanners are scheduled to be in place at major Canadian airports by the end of March 2010, with 36 more to follow.  The scanners at issue are 44 millimetre wave imaging scanners that penetrate clothing to reveal an image of travellers’ bodies.  The image produced has  been described as similar to a “fuzzy photo negative”.  They are aimed at detecting ceramic weapons, liquid or …

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Legal Forum Selection: My Place or Yours?

Honeywell Inc. leased an engine to Expedition Helicopters Inc. for use in its Astar 350 helicopter.  The engine failed and the aircraft crashed.  Expedition is located in Ontario and it sued Honeywell in Ontario.  Honeywell brought a motion to stay the action on the grounds that the Engine Lease Agreement contained a forum selection clause which stated that the Courts of Phoenix, Arizona, would have exclusive jurisdiction over any actions arising in connection with the engine lease.  Gauthier, J. of the Ontario Superior Court of Justice dismissed Honeywell’s motion and allowed the action to proceed in Ontario (Expedition Helicopters Ltd. v. Honeywell Inc.).

The language of the forum selection clause in the engine lease was clear and unambiguous.  While …

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CTA Ruling: Cat Allergy is a Disability

Last year, Air Canada announced that it would allow cats and small dogs to ride in the passenger cabin of its aircraft (WestJet already allowed cats, dogs, birds and rabbits in its aircraft).  As mentioned in our blog post of November 30, 2009, asthma and allergy sufferers reacted negatively to the announcement and the Canadian Lung Association commenced a “Say No to Pets on Planes” campaign. The Canadian Transportation Agency (“CTA”) recently issued a decision in response to complaints made by three individuals with severe cat allergies.  The CTA found that all three complainants were persons with disabilities and that the pet policies of Air Canada, Jazz and WestJet impacted the three passengers’ ability to travel by air.

In …

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