Monthly Archives: May 2011

Disability Does Not Affect Two Year Limitation Period

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In a recent decision, the Ontario Superior Court of Justice ruled that the two year limitation period to commence an action in Article 29 of the Warsaw Convention was not suspended because of a Plaintiff’s disability.

Ms. Marwa Sakka flew with Air France on May 23, 2003, from Toronto, Ontario to Paris, France.  To board the flight, she was assisted by Air France personnel as she was seated in a wheelchair and required assistance to access her seat on the airplane.  Upon arrival at Charles de Gaulle airport in France, the Plaintiff claimed that Air France personnel failed to assist despite numerous requests by her mother.

 

Because of Air France’s failure to assist, Ms. Sakka’s mother claimed that …

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“Reasonable Measures” to Avoid Flight Delay

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In a recent decision, the Quebec Small Claims Court considered Alitalia’s actions during a flight delay in Italy.  The Plaintiffs had sued Alitalia because the delay caused them to miss their connecting flight to Montreal, Quebec.

The Montreal Convention governs air carriers’ liability during international carriage.  Article 19 of the Convention states that an air carrier will not be liable for damages for delay if it can prove that it took all reasonable measures to avoid the delay or that it was impossible for it to take such measures.

The determination of what constitutes “reasonable measures” has resulted in inconsistent decisions in different jurisdictions.

Alitalia produced evidence that its flight was delayed by a mechanical problem, which was identified …

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