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).
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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.
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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).
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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”.
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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.
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April 1st, 2010 | Comments
Effective April 1, 2011, Transport Canada will take back the certification and oversight functions for business aviation (Subpart 604 operators) from the Canadian Business Aviation Association (CBAA). Starting April 1, 2010, Transport Canada will begin enhancing its surveillance of the CBAA.
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March 16th, 2010 | Comments
Airport body scanners have gained a lot of attention since their increasing use in North America and Europe in the wake of the failed attack by the “Underwear Bomber”. Questions have been raised about whether the scanners invade an individual’s right to privacy and/or religious freedom, and if so, whether that invasion is justified.
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March 9th, 2010 | Comments
Honeywell Inc. leased an engine to Expedition Helicopters Inc. for use in its Astar 350 helicopter. The engine failed and the aircraft crashed. Expedition is located in Ontario and it sued Honeywell in Ontario. Honeywell brought a motion to stay the action on the grounds that the Engine Lease Agreement contained a forum selection clause which stated that the Courts of Phoenix, Arizona, would have exclusive jurisdiction over any actions arising in connection with the engine lease. Gauthier, J. of the Ontario Superior Court of Justice dismissed Honeywell’s motion and allowed the action to proceed in Ontario (Expedition Helicopters Ltd. v. Honeywell Inc.).
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March 5th, 2010 | Comments
Last year, Air Canada announced that it would allow cats and small dogs to ride in the passenger cabin of its aircraft (WestJet already allowed cats, dogs, birds and rabbits in its aircraft). As mentioned in our blog post of November 30, 2009, asthma and allergy sufferers reacted negatively to the announcement and the Canadian Lung Association commenced a “Say No to Pets on Planes” campaign. The Canadian Transportation Agency (“CTA”) recently issued a decision in response to complaints made by three individuals with severe cat allergies. The CTA found that all three complainants were persons with disabilities and that the pet policies of Air Canada, Jazz and WestJet impacted the three passengers’ ability to travel by air.
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