Monthly Archives: November 2010

Legal Forum Selection Update: Supreme Court of Canada Decision on Leave To Appeal

Supreme Court of Canada

In a previous post, we wrote about an Ontario judge’s decision to not enforce a forum selection clause in an aircraft engine lease agreement, which stated that disputes related to the agreement were to be decided according to Arizona law and resolved by the courts in Arizona.  We then wrote about a subsequent appeal by Honeywell Inc. (the owner of the engine), in which the Ontario Court of Appeal overturned the Ontario judge’s decision and decided that the dispute should be resolved in Arizona.

Expedition Helicopters Inc. then sought to have a further appeal heard before the Supreme Court of Canada.  The Supreme Court of Canada decided today that it will not hear the appeal.  Accordingly, the Ontario Court of Appeal’s decision stands and this matter will be …

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CTA Ruling on Allergies: Buffer Zone Update

Nut allergy

In a previous post, we wrote about a January 6, 2010 decision of the Canadian Transportation Agency (CTA) on a complaint by two passengers who claimed to have experienced difficulties relating to peanut and nut allergies when travelling with Air Canada. Although the passengers were found to be persons with a disability, the CTA found that they did not encounter obstacles to their mobility and declined to ban the service of nuts and nut products on aircraft. However, the CTA did find that an appropriate accommodation was to separate the passengers by seating them in an “exclusion or buffer zone”.

 What was not resolved in the decision was the length of time which would constitute reasonable advance notification by …

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Airport Security Update: TSA Takes Over Watch Lists and More Body Scan Controversy

The next phase of the United States Transportation Security Administration’s Secure Flight Program has begun for all tickets purchased after September 15, 2010 and for all flights departing after November 1, 2010 for domestic US flights or flights to/from the US.  Along with the usual information required by airlines, passengers are now required to provide their birth dates and genders when making flight reservations.

Meanwhile, the controversy over full body scanners his been re-ignited by pilots’ unions, a lawsuit and a YouTube video.

TSA Takes over Watch Lists 

Passengers flying within the US are now required to provide their full names as they appear on government IDs, their dates of birth, their genders and redress numbers (if applicable – a redress number …

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Canadian Ministers Announce New Aviation Security Measures

Airport Security

The Ministers of Transport and Public Safety today announced new aviation security measures in response to the recent discovery of two mail bombs originating from Yemen.  Pursuant to an Interim Order, which came into effect at noon yesterday (November 8, 2010), passengers are not permitted to transport office printer or toner cartridges (weighing 16 ounces or more) in checked bags on any flights departing from Canadian airports.

Passengers travelling to the United States are also not permitted to travel with these cartridges in their carry-on bags.  In addition, air carriers are prohibited from transporting mail or air cargo from Yemen (or Somalia) to Canada.  The Interim Order is to be in place “as long as it takes to ensure the security of …

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NY Times Reports 3 Airlines Ground A380′s

Airbus A380

The New York Times is reporting that 3 airlines have grounded their Airbus A380 aircraft today after an engine on a Qantas aircraft suffered an uncontained engine failure shortly after takeoff from Singapore.

Click here to link to the article.

*photo courtesy of Tim Beach

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