Monthly Archives: April 2016

Canada’s Federal Court: Public Safety Trumps Aviation Commercial Interests

Earlier in 2015, the Federal Court heard two days of submissions from Canadian company Rotor Maxx Support Ltd. and the Minister of Transport (click here for link).  The issue: whether the Minister of Transport should be subject to a confidentiality order and injunction preventing the Minister from disclosing that Rotor Maxx had improperly certified helicopter engine and drive train parts.

At the time of the hearing, a temporary confidentiality order was already in place, but Rotor Maxx sought a further, prospective injunction.  To succeed in its injunction application, Rotor Maxx had to demonstrate to the court that there would be irreparable harm to its business that outweighed the Canadian public’s interest in the security of the “flying public”.  In the …

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