Alexander Holburn

In a previous post, we wrote about an Ontario judge’s decision to not enforce a forum selection clause in an aircraft engine lease agreement, which stated that disputes related to the agreement were to be decided according to Arizona law and resolved by the courts in Arizona.  We then wrote about a subsequent appeal by Honeywell Inc. (the owner of the engine), in which the Ontario Court of Appeal overturned the Ontario judge’s decision and decided that the dispute should be resolved in Arizona.

Expedition Helicopters Inc. then sought to have a further appeal heard before the Supreme Court of Canada.  The Supreme Court of Canada decided today that it will not hear the appeal.  Accordingly, the Ontario Court of Appeal’s decision stands and this matter will be resolved in Arizona.

In a previous post, we wrote about a January 6, 2010 decision of the Canadian Transportation Agency (CTA) on a complaint by two passengers who claimed to have experienced difficulties relating to peanut and nut allergies when travelling with Air Canada. Although the passengers were found to be persons with a disability, the CTA found that they did not encounter obstacles to their mobility and declined to ban the service of nuts and nut products on aircraft. However, the CTA did find that an appropriate accommodation was to separate the passengers by seating them in an “exclusion or buffer zone”.

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The next phase of the United States Transportation Security Administration’s Secure Flight Program has begun for all tickets purchased after September 15, 2010 and for all flights departing after November 1, 2010 for domestic US flights or flights to/from the US.  Along with the usual information required by airlines, passengers are now required to provide their birth dates and genders when making flight reservations.

Meanwhile, the controversy over full body scanners his been re-ignited by pilots’ unions, a lawsuit and a YouTube video.

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The Ministers of Transport and Public Safety today announced new aviation security measures in response to the recent discovery of two mail bombs originating from Yemen.  Pursuant to an Interim Order, which came into effect at noon yesterday (November 8, 2010), passengers are not permitted to transport office printer or toner cartridges (weighing 16 ounces or more) in checked bags on any flights departing from Canadian airports.

Passengers travelling to the United States are also not permitted to travel with these cartridges in their carry-on bags.  In addition, air carriers are prohibited from transporting mail or air cargo from Yemen (or Somalia) to Canada.  The Interim Order is to be in place “as long as it takes to ensure the security of Canadians and air cargo to Canada.”  Canada Post had already stopped accepting mail from Yemen and Somalia as of November 1, 2010.

The New York Times is reporting that 3 airlines have grounded their Airbus A380 aircraft today after an engine on a Qantas aircraft suffered an uncontained engine failure shortly after takeoff from Singapore.

Click here to link to the article.

*photo courtesy of Tim Beach

In a previous post, we reported the decision of Justice Strathy of the Ontario Superior Court requiring production by the TSB of the cockpit voice recording taken from the Air France A340 which crashed at Toronto Airport on August 2, 2005.

That decision was appealed by the TSB to the Court of Appeal for Ontario which recently dismissed the appeal and confirmed the decision of Justice Strathy.  Click here for the Court’s ruling.

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On November 29, 2009, a Seair Beaver aircraft crashed shortly after takeoff from Lyall Harbour at Saturna Island off the B.C. coast and sank trapping six passengers.  Since then, Transport Canada has been pressed by the Transportation Safety Board and by extraordinary media coverage to address safety issues in the B.C. commercial float plane industry.

Reluctant to introduce new regulations, Transport Canada organized a two-day workshop of commercial float plane operators.

Those meetings concluded on Thursday, October 7, 2010, with an agreement among the participants to establish a commercial float plane operators safety association.

Issues for discussion will be the use of life-preservers by pilots and passengers and the installation of safety features including door latches, pop-out windows and exit hatches.

While not directly aviation law related, we at the AHBL Air Law Blog feel that readers would be interested to know about a new aviation television show called The Aviators.

The Aviators is a new Canadian produced magazine style show which looks at all things aviation. Topics to be examined in the first season include: The EAA’s Airventure in Osh Kosh, Wisconsin; The Air Traffic Control Tower; The Airbus A380; Can a non-pilot land an airliner?; Women in Aviation; as well as specific aviation company and pilot profiles including Air North and airshow pilot Julie Clark.

In British Columbia, The Aviators will be broadcast on CHEK TV on Wednesdays at 7 p.m. and Saturdays at 11 p.m. starting September 22.

For the rest of Canada, The Aviators will be broadcast on GlobalTV on Saturdays at 11 a.m., except for Alberta where it will be broadcast on Sundays at 7 a.m.

For our readers in the United States, a large number of PBS stations will be carrying The Aviators as well, so be sure to check your local listings.

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.

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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.

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