Monthly Archives: March 2015

Interpreting “Accident” in Article 17 of the Montreal Convention

In October 2012, we reviewed the Ontario Superior Court of Justice’s decision in Gontcharov v. Canjet, 2012 ONSC 2279. The Gontcharov decision affirmed the Ontario court’s alignment with the U.S. approach to interpreting the word “accident” in Article 17 of the Montreal Convention. Citing the U.S. Supreme Court decision in Air France v. Saks, 470 U.S. 392, 105 S. Ct. 1338 (1985), Ontario’s Justice J. Wilson stated, at para. 47, “The term “accident” used in art. 17 of the Convention has been consistently interpreted to mean “an unexpected or unusual event or happening that is external to the passenger”.”

In January 2015, the U.S. District Court (S.D. Florida) released its decision in Vanderwall v. United Airlines

Keep reading