As outlined in a previous post, the CTA has determined that a nut allergy can be a disability which must be accommodated by air carriers. The previous rulings required carriers to set up buffer zones when provided with at least 48 hours notice of an allergy by a passenger and that only peanut free and nut free foods could be served to all passengers in the buffer zones.
Aw Nuts! CTA Refines the Buffer Zone
July 6th, 2011 | CommentsValid Medical Certificate Required for Coverage
June 29th, 2011 | Comments
In a recent ruling, the Alberta Court of the Queen’s Bench corrected an earlier decision which found that a pilot’s estate was entitled to insurance coverage for loss of an aircraft, despite the fact that the pilot’s medical certificate had expired.
Qantas Settles With Rolls-Royce
June 22nd, 2011 | Comments
In a recent post, we noted that Qantas Airways had filed a preliminary action in the Australian federal court. The lawsuit arose from the failure of a Rolls-Royce engine on November 4, 2010, which led to a temporary grounding of Qantas’ entire A380 fleet.
Qantas announced today (link) that it has reached a settlement agreement with Rolls-Royce which includes a discontinuance of the lawsuit. While the terms of the settlement are confidential, the profit and loss impact of the settlement will reportedly be recognized in Qantas’ financial reports as A$95 million.
Last month, the Australian Transport Safety Bureau (ATSB) released an interim factual report (link) stating that the failure was caused by a manufacturing defect in an oil feed pipe. The ATSB’s investigation is ongoing and a final report is expected in mid-2012.
(*photo courtesy of Tim Beach)
Criminal Acts During Flight
June 15th, 2011 | Comments
Two recent Canadian criminal court rulings considered charges resulting from the conduct of passengers aboard international commercial flights that landed in Canada.
These rulings confirm the jurisdiction of Canadian authorities to prosecute those who, during a flight that terminates in Canada, commit acts that would be considered a criminal offence under Canadian law.
Disability Does Not Affect Two Year Limitation Period
May 13th, 2011 | Comments
In a recent decision, the Ontario Superior Court of Justice ruled that the two year limitation period to commence an action in Article 29 of the Warsaw Convention was not suspended because of a Plaintiff’s disability.
Ms. Marwa Sakka flew with Air France on May 23, 2003, from Toronto, Ontario to Paris, France. To board the flight, she was assisted by Air France personnel as she was seated in a wheelchair and required assistance to access her seat on the airplane. Upon arrival at Charles de Gaulle airport in France, the Plaintiff claimed that Air France personnel failed to assist despite numerous requests by her mother.
“Reasonable Measures” to Avoid Flight Delay
May 5th, 2011 | Comments
In a recent decision, the Quebec Small Claims Court considered Alitalia’s actions during a flight delay in Italy. The Plaintiffs had sued Alitalia because the delay caused them to miss their connecting flight to Montreal, Quebec.
The Montreal Convention governs air carriers’ liability during international carriage. Article 19 of the Convention states that an air carrier will not be liable for damages for delay if it can prove that it took all reasonable measures to avoid the delay or that it was impossible for it to take such measures.
Don’t Lien on YVR
April 19th, 2011 | Comments
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.
Uncle Sam is Watching
March 28th, 2011 | Comments
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.
May I See Some I.D.?
March 11th, 2011 | Comments
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.
Human Rights Tribunal Finds Discrimination Against Pilot
January 28th, 2011 | Comments
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.
