Alexander Holburn: Blogs

In a February 2011 decision (link), the British Columbia Court of Appeal confirmed that the principal sections of the provincial Builders Lien Act were inapplicable to the Vancouver International Airport Authority, which leases the federal lands upon which the Airport is built.

Two contractors who had supplied materials and labour for improvements to the airport premises filed builders liens against the Airport’s leasehold interest in the Airport lands.  The Builders Lien Act creates liens that can be enforced by sale of land if the debt to the filing party is not paid.

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Flying from Canada to the Caribbean? The United States Department of Homeland Security may now know about it, even if you’re not stopping in the USA. The Canadian Government recently amended the Aeronautics Act with Bill C-42 (link)  to further permit airlines to provide passenger information for International flights that not only land in, but also overfly the United States.

Canadian airlines were concerned (link) that as a result of proposed new Regulations associated with the Secure Flight Program in the United States, they would not be able to comply with Canadian privacy laws.

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The Minister of Transport recently announced two new aviation security measures intended to address an immediate threat to aviation security.  The Passenger Identification and Behaviour Observation Interim Order came into effect on January 26, 2011.

Passengers are not to be admitted to a sterile area beyond a screening checkpoint unless they have undergone identity screening.  In the same interim order, the Minister has implemented a pilot project at YVR where the behaviour of  passengers is monitored.

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In a recent decision, the Quebec Human Rights Tribunal ruled that the Bombardier Aerospace Training Centre (“BATC”) had discriminated against a pilot by denying him services on the basis of his racial origins.  Bombardier (a Canadian aircraft manufacturer) operates BATC, which is certified to offer pilots ground school and simulator training for Canadian, U.S. and European ratings on various types of Bombardier aircraft.

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The aviation partners of Paterson, MacDougall LLP and Alexander Holburn Beaudin & Lang LLP are pleased to announce that the 12th Annual Aviation Conference will be held on Tuesday, February 1, 2011 at the Sheraton Toronto Airport Hotel and Conference Centre.

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“Air Transportation is an indispensable part of modern life. Yet as our dependence on aircraft has grown, the demands of aviation have increasingly collided with other interests.”

These words with which Chief Justice McLachlin began her judgment in Quebec (Attorney General) v. Canadian Owners and Pilots Association, 2010 SCC 39 summarized the issue before her.

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In a previous newsletter, we wrote about the conviction of a Manitoba pilot (Mark Tayfel), who was found guilty of one count of criminal negligence causing death, four counts of criminal negligence causing bodily harm, and one count of dangerous operation of an aircraft.  We then wrote about the Manitoba Court of Appeal’s decision to overturn the convictions for criminal negligence but to uphold the conviction for dangerous operation of an aircraft.

In July 2010, Mr. Tayfel commenced an application before the Supreme Court of Canada, asking that the Court hear a further appeal on whether the Manitoba Court of Appeal made an error when it upheld the conviction for dangerous operation of an aircraft.  The Supreme Court released its decision today to not hear the appeal.  Accordingly, Mr. Tayfel’s conviction stands.  It remains to be seen whether his conviction will lead to increased scrutiny of pilots’ actions in Canadian aircraft accidents and more criminal prosecutions as a result.

In early November, the HMCS Fredericton (a Canadian Frigate) was involved in a minor collision with the USNS Kanawha.

A few days earlier, there was a different collision between Canada and Kanawha – in the Supreme Court of Appeals of West Virginia. The Appeals Court decided that the Circuit Court of Kanawha County, West Virginia did have jurisdiction to hear a lawsuit regarding the crash of a Canadian aircraft flown by a Canadian pilot (with one Canadian passenger on board).

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Congratulations to the British Columbia Aviation Council for a successful 2010 Conference and Silver Wings Awards Banquet!  As always, the highlight of the Banquet was the presentation of the Council’s annual industry awards and aviation student scholarships.  We were especially pleased to watch the inaugural presentation of the Alexander Holburn Beaudin & Lang LLP Aviation Scholarship, in memory of Ernie Alexander, Q.C.

The late Ernie Alexander was a founding member of our firm and a former Royal Canadian Air Force pilot and instructor.  For a very interesting story about one of Mr. Alexander’s flying adventures, click here.

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The New York Times reported today that Qantas Airways has filed a preliminary action in the Australian federal court.  The action gives Qantas the option of proceeding with litigation if the airline is not satisfied with an offer of compensation from Rolls-Royce, the manufacturer of the engine.

Click here to view the NY Times article. (*photo courtesy of Tim Beach)