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.

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Canada Removes Restrictions for Carry On Baggage and Introduces Behaviour Observation Program

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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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.

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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.  

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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.

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Update on Bill C-310: Canadian Passenger Bill of Rights

December 7th, 2009  |  Comments

On February 14, 2008, thousands of passengers were stranded for up to ten hours onboard several JetBlue Airways aircraft on the tarmac at Kennedy International Airport.  The passengers complained that they were deprived of food and water and that restrooms were not available as toilets had overflowed.  A month later, several hundred passengers travelling with several other airlines were stranded aboard planes at JFK after a day-long ice storm.  In response, New York State passed a law providing airline passengers with certain minimum rights, which if violated would attract fines payable by the airlines.  The New York State law was later “struck down” in a court decision finding that aviation was under federal and not state jurisdiction.


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From Human Rights to Animal Rights: Travelling with Pets

November 30th, 2009  |  Comments

dreamstime_5098157_72dpiEarlier this year, Air Canada announced that it would allow cats and small dogs to ride in the passenger cabin of its aircraft.  Although WestJet has for some time allowed cats, dogs, birds and rabbits on its flights, there was a negative reaction to Air Canada’s announcement.  Specifically, there has been strong opposition by allergy and asthma sufferers about the health hazards associated with having pets in the aircraft cabin. This past fall, the Canadian Lung Association commenced a “Say No to Pets on Planes!” campaign in an effort to urge the House of Commons Standing Committee on Health to take action against the airlines.

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The Montreal Convention and Damages for “Inconvenience and Mental Anguish”

November 23rd, 2009  |  Comments

Lukacs v. United Airlines Inc. and Skywest Airlines Inc., 2009 MBQB 29, affirmed 2009 MBCA 111.

The Manitoba Court of Appeal recently confirmed principles established by American and Canadian appellate courts regarding the recovery of damages for inconvenience and mental anguish resulting from accidents during international air travel.

Mr. Lukacs’ flight from Winnipeg, Manitoba to Columbus, Ohio was cancelled due to aircraft mechanical failure.  As a result, he was unable to attend a conference that was scheduled to begin the next morning.  He was offered a ticket on another flight that departed the next day, but this was unsatisfactory.  Mr. Lukacs was refunded the full price of his airline ticket and the costs associated with the use of a travel agent, but he sued the airline and in part asked for damages for inconvenience and mental anguish.

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