August 24th, 2010 | Comments
Upon retrieving her baggage after a domestic flight from Toronto to Winnipeg, Ms. Kipper noticed that it was dented, and reported this to WestJet’s baggage service desk. She was told that WestJet was not responsible for “normal wear and tear.” Ms. Kipper complained to the Canadian Transportation Agency (CTA), which issued its decision on July 21, 2010 finding WestJet liable for the damage to the luggage. In keeping with a recent series of decisions that may broaden the scope of liability of air carriers, the CTA confirmed that air carriers are liable for loss or damage to baggage, unless the damage was caused by an inherent defect, quality or vice of the baggage. Read the rest of this entry »
August 17th, 2010 | Comments
For the vast majority of airlines and air operators in Canada, pilots are required to complete aircraft type specific training in order to be qualified to operate that aircraft. This training can be an expensive proposition, often requiring the pilot to attend hours of ground school and simulator training. If the pilot then finds other employment, the airline is forced to find another pilot and pay additional training costs.
Read the rest of this entry »
August 12th, 2010 | Comments
The Royal Canadian Mounted Police, the Canadian Navy and the Canadian Coast Guard have reportedly boarded the cargo ship MV Sun Sea this afternoon just off the coast of Port Alberni (on the north coast of Vancouver Island). The ship, allegedly operated by a Tamil terrorist group, is reportedly transporting 490 individuals who are claiming refugee status.
Transport Canada announced airspace restrictions today that will be in effect while the MV Sun Sea vessel travels in Canadian waters. The restrictions will be in effect during the vessel’s passage to Esquimalt, as well as while it is in the port at Esquimalt. Transport Canada will restrict air traffic immediately above Esquimalt Harbour up to 2,000 feet. It is expected that this restriction will be in effect for 72 hours. Pilots have been notified by NOTAM (Notice to Airmen). See copy of NOTAM below.
Read the rest of this entry »
August 6th, 2010 | Comments
In a previous post, we wrote about an Ontario Superior Court of Justice decision regarding a clause in a contract that required all disputes to be decided according to Arizona law and resolved by the courts of Arizona. The judge decided not to enforce the “jurisdiction and choice of law” clause, and ruled that the litigation between Honeywell Inc. and Expedition Helicopters Inc. (“Expedition”) should proceed in Ontario. Honeywell launched an appeal of the decision and the Ontario Court of Appeal recently overturned the lower court’s ruling. As a result, the action commenced in Ontario will not proceed and the parties must either settle the dispute or have it resolved in Arizona.
Read the rest of this entry »
July 29th, 2010 | Comments
After a brief summer hiatus, the Alexander Holburn Aviation Law Blog is back in business! Stay tuned over the next few days for entries regarding recent court decisions, Canadian Transportation Agency decisions and concerns in Canada regarding airport runway lengths.
We are also very pleased to announce that James Ball has joined our Aviation Practice. James recently moved to Vancouver to join us after completing his articles with a prominent law firm in Atlantic Canada. James has a wealth of knowledge and experience in the aviation industry and previously worked as an air ambulance and commercial pilot. James is also a published author, and will apply his writing talents in future contributions to our blog.
June 11th, 2010 | Comments
During an Air Canada Jazz flight from Kamloops to Vancouver, a flight attendant noticed that two passengers were consuming beer which had not been served to them by Air Canada. Consumption of alcohol on board that has not been served by the air carrier is prohibited by the Canadian Aviation Regulations (CARs).
Read the rest of this entry »
June 8th, 2010 | Comments
Does the two-year limitation period stipulated by the Warsaw Convention for bringing an action pertain to the initial filing of the claim, or alternatively, to the filing AND service of the initiating documents on the opposing party? This was the question before the Ontario Superior Court of Justice in the recent case of Mosregion Investments Corporation et al. v. Ukraine International Airlines et al.
Read the rest of this entry »
May 20th, 2010 | Comments
In the most recent of a series of decisions (see here, here and here) determining whether allergies constitute a disability that must be accommodated by Canadian air carriers, the Canadian Transportation Agency (the “CTA”) released a decision yesterday considering whether Air Canada’s policy of serving seafood and fish on its flights constituted an undue obstacle to a passenger’s mobility (click here for the full text of the decision).
Read the rest of this entry »
April 15th, 2010 | Comments
Recent concerns over aviation security have led Transport Canada to propose regulatory changes aimed at enhancing security at airports. A Notice of Intent published on March 27, 2010, outlines new regulatory requirements that will apply to Canada’s major airports and their “key tenants”.
Read the rest of this entry »
April 12th, 2010 | Comments
Here is some happy news for anyone planning to travel to the United States. Last week, Canada’s Transport Minister John Baird announced that, effective April 8, 2010, airline passengers traveling to the United States from Canada will be permitted to bring two carry-on bags and one personal item along for their travels.
Read the rest of this entry »
