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. 

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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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