Yearly Archives: 2019

New Drone Regulations Will Come Into Effect on June 1, 2019

While the use of drones is most often raised as a cautionary tale in the popular media, the commercial application of these aircraft has resulted in a rapidly expanding industry with diverse applications throughout Canada. According to Transport Canada, an estimated 193,500 drones are being flown in Canada, compared to only 37,000 “traditional” aircraft.  The recreational drone community is estimated at 140,800 operators for 2018 with a projected increase to 225,500 operators by 2025.  This rapid rise in numbers, combined with the limited skill and knowledge of many operators, has resulted in a number of dangerous incidents.  As a result, Transport Canada recently published new regulations meant to create a “predictable and flexible regulatory environment conducive to long-term planning while …

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Forum Non Conveniens – US Court Declines Jurisdiction

In Eldeeb v. Delta Air Lines, Inc., 2018 WL 6435739, the District Court of Minnesota recently granted a motion to dismiss (on the basis of forum non conveniens) an action brought pursuant to the Montreal Convention.  Forum non conveniens is a legal doctrine by which a court may decline to hear a case where another court is more suitable or appropriate.

Mr. Eldeeb (who suffered from pancreatic cancer) was travelling home from Minnesota to Egypt, with a layover in Paris, France.  At the time he booked his itinerary, he requested a wheelchair to assist him with disembarking the aircraft in Paris.

Upon arrival of his Air France flight from Minneapolis to Charles De Gaulle Airport in Paris, Mr. …

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Canadian Seaplane PFD Regulations

In a previous post, we discussed regulations proposed by Transport Canada in May 2016, setting out changes to provisions in the Canadian Aviation Regulations (“CARs”) that govern commercial seaplane operations. The proposed changes arose from recommendations made by the Transportation Safety Board of Canada following a seaplane accident that occurred in November 2009, near Saturna Island, British Columbia.

The draft regulations incorporated a requirement that all passengers of commercial seaplanes be instructed to wear a personal flotation device (which may be “worn” in a pouch that is attached to the person’s waist).  Pilots would also be required to undergo specific training (and recurrent training every three years) to facilitate underwater egress after an accident occurs, and to further mitigate …

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Timed Out

The Supreme Court of Nova Scotia recently reaffirmed a lower court decision, Paine v. Air Canada, 2018 NSSC 215, which considered Air Canada’s passenger tariff (terms and conditions of travel).  The court ruled that Air Canada was not required to compensate passengers who were denied boarding when they presented themselves at the check-in counter after the cut off time due to a lengthy line-up.

Three passengers were ticketed to travel on a domestic flight with Air Canada from Vancouver, BC to Sydney, NS.  Upon arriving at YVR, they joined the queue to check-in.  At that time, they were within the check-in time frame recommended by Air Canada.  However, by the time they reached the check-in counter, they were informed …

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