Monthly Archives: August 2010

Things That Go Bump On The Flight

Upon retrieving her baggage after a domestic flight from Toronto to Winnipeg, Ms. Kipper noticed that it was dented, and reported this to WestJet’s baggage service desk.  She was told that WestJet was not responsible for “normal wear and tear.”  Ms. Kipper complained to the Canadian Transportation Agency (CTA), which issued its decision on July 21, 2010 finding WestJet liable for the damage to the luggage.  In keeping with a

recent series of decisions that may broaden the scope of liability of air carriers, the CTA confirmed that air carriers are liable for loss or damage to baggage, unless the damage was caused by an inherent defect, quality or vice of the baggage.

WestJet relied on its “Baggage Information” sheet …

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Bond, Training Bond

Pilot2

For the vast majority of airlines and air operators in Canada, pilots are required to complete aircraft type specific training in order to be qualified to operate that aircraft.  This training can be an expensive proposition, often requiring the pilot to attend hours of ground school and simulator training.  If the pilot then finds other employment, the airline is forced to find another pilot and pay additional training costs.

To remedy this, many airlines have instituted a ‘training bond’.  A training bond is a contract between the employee pilot and the employer air operator indicating that the pilot will have his or her training paid for (and his or her accommodations paid for during training), but only if he or …

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Airspace Restrictions Announced For Esquimalt Harbour, BC

Plane

The Royal Canadian Mounted Police, the Canadian Navy and the Canadian Coast Guard have reportedly boarded the cargo ship MV Sun Sea this afternoon just off the coast of Port Alberni (on the north coast of Vancouver Island).  The ship, allegedly operated by a Tamil terrorist group, is reportedly transporting 490 individuals who are claiming refugee status.

Transport Canada announced airspace restrictions today that will be in effect while the MV Sun Sea vessel travels in Canadian waters.   The restrictions will be in effect during the vessel’s passage to Esquimalt, as well as while it is in the port at Esquimalt.  Transport Canada will restrict air traffic immediately above Esquimalt Harbour up to 2,000 feet. It is expected that this restriction will be in effect for …

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Legal Forum Selection: Back to Arizona

Gavel - trans

In a previous post, we wrote about an Ontario Superior Court of Justice decision regarding a clause in a contract that required all disputes to be decided according to Arizona law and resolved by the courts of Arizona.  The judge decided not to enforce the “jurisdiction and choice of law” clause, and ruled that the litigation between Honeywell Inc. and Expedition Helicopters Inc. (“Expedition”) should proceed in Ontario.  Honeywell launched an appeal of the decision and the Ontario Court of Appeal recently overturned the lower court’s ruling.  As a result, the action commenced in Ontario will not proceed and the parties must either settle the dispute or have it resolved in Arizona.

The lower court judge had been swayed …

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