“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.

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Things That Go Bump On The Flight

August 24th, 2010  |  Comments

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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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“It’s Already Been Brought” – Ontario Court Finds that Action is “Brought” Within the Meaning of Warsaw When Filed

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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