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.
Back in the Pilot’s Seat: Transport Canada Takes Authority over Business Aviation Away from CBAA
April 1st, 2010 | CommentsLegal Forum Selection: My Place or Yours?
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.).
CTA Ruling: Cat Allergy is a Disability
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.
Court Orders Production of Cockpit Voice Recording
February 24th, 2010 | Comments
A judge of the Ontario Superior Court has ordered the Canadian Transportation Safety Board to produce a copy of the cockpit voice recording (“CVR”) in the multi-million dollar litigation which followed an overrun accident at Toronto’s Lester B. Pearson Airport. On August 2, 2005, Air France Flight 358 approached Toronto Airport in a severe thunderstorm. The aircraft landed almost halfway down the 9000 foot runway and reverse thrusters were not fully deployed for a further 17 seconds. The aircraft left the end of the runway at approximately 80 knots, continuing over an open area until it slid into a ravine where it caught fire. Click here for the Court’s ruling.
Affected Operators Seek Compensation for Olympic Flight Restrictions
February 9th, 2010 | Comments
As Vancouver prepares to welcome the world for the 2010 Winter Olympics, flight schools and regional carriers operating in the Vancouver area are bracing for the potentially devastating effects of the Olympic flight restrictions. The restrictions are aimed at enhancing security, and will be in effect for an eight-week period from January 29, 2010 to March 24, 2010 (beginning two weeks before the Olympics and ending three days after the close of the Paralympic Games).
Pilot’s Criminal Conviction Overturned
February 2nd, 2010 | Comments
R. v. Tayfel, 2007 MBQB 265, 2009 MBCA 124
The Manitoba Court of Appeal has overturned the conviction of a pilot for criminal negligence causing death and bodily harm for a crash landing in downtown Winnipeg, but has upheld a conviction of dangerous operation of an aircraft. In the circumstances, the court did not consider the pilot’s conduct blameworthy enough to constitute criminal negligence.
New U.S. Passenger Rights Regulations Target Tarmac Delays
January 26th, 2010 | Comments
While it appears as though passenger rights legislation will not be implemented any time soon in Canada, regulatory changes aimed at enhancing airline passenger protection in the United States are scheduled to take effect April 29, 2010. The U.S. Department of Transportation (“DOT”) published the regulatory changes on December 30, 2009.
One Carry-On Bag Now Allowed when Travelling to the United States
January 19th, 2010 | Comments
The recently implemented carry-on luggage restrictions for passengers travelling from Canada to the United States were changed today by Transport Canada. As of January 20, 2010, passengers travelling to the United States are permitted to bring one carry-on bag. All items brought on the aircraft such as reading material, personal electronics and medications must be stored in the passenger’s single carry-on bag. For the Transport Canada announcement, click here. For information regarding permitted and non-permitted items, click here for the Canadian Air Transportation Security Authority website.
CTA Ruling on Allergies: Feel Like a Nut?
January 12th, 2010 | Comments
On January 6, 2010, the Canadian Transportation Agency (CTA) released its Ruling on a complaint by two passengers who claimed that they had experienced difficulties relating to peanut allergies while travelling with Air Canada. The complainants wanted an outright ban on the service of nuts onboard aircraft, as well as in-flight announcements asking other passengers not to consume nuts or nut products.
