Monthly Archives: June 2010

Privacy Commissioner Cannot Rule on Claims of Legal Privilege

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During an Air Canada Jazz flight from Kamloops to Vancouver, a flight attendant noticed that two passengers were consuming beer which had not been served to them by Air Canada.  Consumption of alcohol on board that has not been served by the air carrier is prohibited by the Canadian Aviation Regulations (CARs).

The flight attendant informed the passengers that their conduct was prohibited by the CARs and the two passengers surrendered their beer.  However, a heated discussion ensued between one passenger (Mr. Dankwort) and the flight attendant, during which each threatened to file a complaint.  The flight attendant informed the pilot and on arrival in Vancouver, Mr. Dankwort was met by an Air Canada representative and several RCMP officers.  After …

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“It’s Already Been Brought” – Ontario Court Finds that Action is “Brought” Within the Meaning of Warsaw When Filed

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 Does the two-year limitation period stipulated by the Warsaw Convention for bringing an action pertain to the initial filing of the claim, or alternatively, to the filing AND service of the initiating documents on the opposing party?  This was the question before the Ontario Superior Court of Justice in the recent case of Mosregion Investments Corporation et al. v. Ukraine International Airlines et al. 

The action in question was a lawsuit related to the multi-million dollar litigation which followed the overrun accident of Air France Flight 358 at Toronto’s Lester B. Pearson Airport on August 5, 2005.  The plaintiff initiated the action by filing a Statement of Claim with the Ontario Superior Court on August 1, 2007.  However, …

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