Congratulations to the British Columbia Aviation Council for another successful Silver Wings Awards Banquet!
As always, the highlight of the evening was the presentation of the Council’s annual industry awards and aviation student scholarships. Industry award recipients included Pulselite Canada, the CHC Safety and Quality Summit, Central Mountain Air and the Abbotsford Airport. The winner of the Council’s Lifetime Achievement Award was Barry Lapointe of Kelowna Flightcraft.
The AFP Global News Agency reported yesterday that federal prosecutors in Brazil have pressed charges against 20 individuals who claimed they were relatives of air crash victims.
According to prosecutors, the fraudsters faked social security documents and claimed they were relatives of deceased victims. In reality, those victims had no heirs. The fraudsters then illegally collected pensions, and allegedly netted $1.6 million from the scam.
Plane crash victims from the following 3 crashes were targeted by the gang: a) Air France Flight 447, b) Gol Transportes Aéreos Flight 1907, and c) TAM Airlines Flight 3054.
In January 2003, a Cirrus SR-22 crashed in low visibility near Hill City, Minnesota. The two occupants of the recently purchased aircraft perished in the accident. The next of kin of the pilot and passenger later commenced an action against Cirrus and a university alleging that they failed to provide the pilot with adequate flight training.
The pilot, Gary Prokop, had obtained his pilot’s licence in 2001 and had logged about 225 hours of flight time (mostly on his previous aircraft, a slower and less complex Cessna 172). Mr. Prokop had not obtained his Instrument Rating. He was therefore not permitted to fly in meteorological conditions that were below VFR weather minimums.
After a longer than expected summer hiatus (no doubt inspired by the very late arrival of summer in Vancouver), the Alexander Holburn Aviation Law Blog is back! Stay tuned for a post regarding a lawsuit alleging inadequate flight training.
As outlined in a previous post, the CTA has determined that a nut allergy can be a disability which must be accommodated by air carriers. The previous rulings required carriers to set up buffer zones when provided with at least 48 hours notice of an allergy by a passenger and that only peanut free and nut free foods could be served to all passengers in the buffer zones.
In a recent ruling, the Alberta Court of the Queen’s Bench corrected an earlier decision which found that a pilot’s estate was entitled to insurance coverage for loss of an aircraft, despite the fact that the pilot’s medical certificate had expired.
In a recent post, we noted that Qantas Airways had filed a preliminary action in the Australian federal court. The lawsuit arose from the failure of a Rolls-Royce engine on November 4, 2010, which led to a temporary grounding of Qantas’ entire A380 fleet.
Qantas announced today (link) that it has reached a settlement agreement with Rolls-Royce which includes a discontinuance of the lawsuit. While the terms of the settlement are confidential, the profit and loss impact of the settlement will reportedly be recognized in Qantas’ financial reports as A$95 million.
Last month, the Australian Transport Safety Bureau (ATSB) released an interim factual report (link) stating that the failure was caused by a manufacturing defect in an oil feed pipe. The ATSB’s investigation is ongoing and a final report is expected in mid-2012.
(*photo courtesy of Tim Beach)
Two recent Canadian criminal court rulings considered charges resulting from the conduct of passengers aboard international commercial flights that landed in Canada.
These rulings confirm the jurisdiction of Canadian authorities to prosecute those who, during a flight that terminates in Canada, commit acts that would be considered a criminal offence under Canadian law.
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.
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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Alexander Holburn Beaudin & Lang LLP
