Yearly Archives: 2011

Disability Does Not Affect Two Year Limitation Period

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

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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Don’t Lien on YVR

In a February 2011 decision (link), the British Columbia Court of Appeal confirmed that the principal sections of the provincial Builders Lien Act were inapplicable to the Vancouver International Airport Authority, which leases the federal lands upon which the Airport is built.

Two contractors who had supplied materials and labour for improvements to the airport premises filed builders liens against the Airport’s leasehold interest in the Airport lands.  The Builders Lien Act creates liens that can be enforced by sale of land if the debt to the filing party is not paid.

The Airport Authority argued that the principal sections of the Builders Lien Act encroached on the federal government’s jurisdiction over aeronautics and a vital part of the …

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Uncle Sam is Watching

Flying from Canada to the Caribbean? The United States Department of Homeland Security may now know about it, even if you’re not stopping in the USA. The Canadian Government recently amended the Aeronautics Act with Bill C-42 (link)  to further permit airlines to provide passenger information for International flights that not only land in, but also overfly the United States.

Canadian airlines were concerned (link) that as a result of proposed new Regulations associated with the Secure Flight Program in the United States, they would not be able to comply with Canadian privacy laws.

 

The previous version of the Aeronautics Act only allowed a Canadian airline to provide passenger information to a foreign country in …

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May I See Some I.D.?

The Minister of Transport recently announced two new aviation security measures intended to address an immediate threat to aviation security.  The Passenger Identification and Behaviour Observation Interim Order came into effect on January 26, 2011.

Passengers are not to be admitted to a sterile area beyond a screening checkpoint unless they have undergone identity screening.  In the same interim order, the Minister has implemented a pilot project at YVR where the behaviour of  passengers is monitored.

Here’s Looking at You

Previously, passengers were only required to show their boarding passes at security.  Now the screening process will require production of acceptable identification, observation of the passengers’ entire faces to determine if they are 18 years or older and, for those …

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Human Rights Tribunal Finds Discrimination Against Pilot

In a recent decision, the Quebec Human Rights Tribunal ruled that the Bombardier Aerospace Training Centre (“BATC”) had discriminated against a pilot by denying him services on the basis of his racial origins.  Bombardier (a Canadian aircraft manufacturer) operates BATC, which is certified to offer pilots ground school and simulator training for Canadian, U.S. and European ratings on various types of Bombardier aircraft.

Mr. Javed Latif (the pilot) is a dual citizen of Canada and Pakistan.  He has 25 years of experience flying business jets, including the Bombardier Challenger 601 and 604 aircraft on which he received his initial type rating from BATC.  Mr. Latif obtained his U.S. pilot’s license in 1991 and his Canadian pilot’s license in 2003.…

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12th Annual Aviation Conference

The aviation partners of Paterson, MacDougall LLP and Alexander Holburn Beaudin & Lang LLP are pleased to announce that the 12th Annual Aviation Conference will be held on Tuesday, February 1, 2011 at the Sheraton Toronto Airport Hotel and Conference Centre.

The 12th Annual Aviation Conference continues its tradition of excellence in providing an opportunity for exceptional speakers to come together with attendees from all areas of the aviation industry to examine and discuss topical issues that affect our industry.

The Conference will include our annual panel presentations and analysis of developments in the areas of law, government initiatives, insurance, commerce and regulation that affect all of us in Canada and internationally. In addition, the panel discussions this year will …

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