Yearly Archives: 2018

Innovation or Complication: The Emerging Regulatory Landscape for Drone Use in 2018

The use of drones recreationally and commercially continues to grow exponentially in Canada. While the commercial use of drones has been governed by rules set out in various regulatory exemptions (or by the requirement to obtain a special flight operations certificate (“SFOC”) from Transport Canada), the recreational use of drones that weigh under 35 kg was previously simply subject to guidelines encouraging users to “fly safely”. More recently, the Minister of Transport issued a series of interim orders respecting these aircraft. The current interim order No. 8 regulates all recreational use of drones weighing between 250 g and 35 kg.

UAS Task Force

In 2017, Transport Canada established the Unmanned Aircraft Systems (“UAS”) Task Force, staffed with members with expertise …

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Delta Air Lines Inc. v. Lukacs: Supreme Court weighs in on Canadian Transportation Agency’s application of civil courts’ tests of standing

The Supreme Court of Canada recently released its decision in Delta Air Lines Inc. v. Lukacs, 2018 SCC 2, in which it considered whether the Canadian Transportation Agency (the “Agency”) acted reasonably in dismissing the complaint of Gabor Lukacs against Delta on the basis that he met neither of the tests for standing that have been developed and applied by the civil courts.

Dr. Lukacs, who refers to himself as an “air passenger rights advocate”, filed a complaint with the Agency in which he argued that Delta’s practices in relation to the transportation of obese passengers were discriminatory. Dr. Lukacs is not obese. Rather, his complaint was based on an email sent by Delta to a passenger who …

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Canada Labour Code and Employee Safety: Is a Helicopter Medevac Operator Required to Provide Night Vision Goggles?

In the early hours of May 31, 2013, a Sikorsky S 76A helicopter operated by Ornge Air Ambulance crashed shortly after take-off from Moosonee airport (northern Ontario), resulting in the deaths of the two pilots and two paramedics.  The Crown brought charges against Ornge under the Canada Labour Code for failing to ensure employee safety, by failing to provide its pilots with night vision goggles (“NVGs”).  Ornge denied committing any offence arguing that it had complied with all legal and regulatory requirements and provided for an acceptable level of safety consistent with the standard of care that prevailed in the helicopter aviation industry at the time.  The Ontario Court of Justice recently released its decision R.v. 7506406 Canada Inc. (Ornge)

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