Monthly Archives: June 2016

Passenger claims in international air travel: How far does the Montreal Convention reach?

In the 2014 decision of Thibodeau v. Air Canada, the Supreme Court of Canada confirmed that the Montreal Convention, an international treaty incorporated into Canadian law, exclusively governs passenger claims for damages in relation to international air travel that fall within its scope. Consequently, if an action in respect of such a claim is not specifically provided for in the Convention, it is not available at all, regardless of local law.  This statement of the law is consistent with the interpretation of courts in most other signatory countries.

The Montreal Convention provides that personal injury claims may only be brought if the passenger has suffered “bodily injury” as a result of an “accident” that occurs during an international flight …

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