Canadian Law Blogs » Aviation Law Blog
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Aviation Law Blog is published by Alexander Holburn Beaudin & Lang LLP.
Canadian Law Blogs » Aviation Law Blog
1M ago
In Stark v. WestJet Airlines Ltd., 2024 BCCRT 64, the passenger experienced cancellation of her international flight in December 2022. Instead of waiting to be rebooked by the carrier, the passenger quickly requested a refund and rebooked herself onto another carrier. She later filed a CRT claim see ..read more
Canadian Law Blogs » Aviation Law Blog
10M ago
In a recent decision, the British Columbia Supreme Court confirmed that a plaintiff must plead a cause of action provided by the Montreal Convention in an action within the applicable limitation period. If a plaintiff fails to plead the Montreal Convention and instead relies on common law or statuto ..read more
Canadian Law Blogs » Aviation Law Blog
11M ago
The Montreal Convention is an international treaty, which is incorporated into Canadian law by the Carriage by Air Act. It applies to almost all international flights operated by airlines. In a recent decision, the British Columbia Supreme Court confirmed that the Montreal Convention provides the ex ..read more
Canadian Law Blogs » Aviation Law Blog
2y ago
On December 18, 2020, the Minister of Transport directed the Canadian Transportation Agency (CTA) to draft regulations requiring air carriers to provide refunds in certain situations outside of their control (such as weather, COVID-19 in certain situations, medical emergency, security threat, and wa ..read more
Federal Court of Canada Denies Application for Class Action Against Compensation for Delayed Flights
Canadian Law Blogs » Aviation Law Blog
2y ago
The Federal Court of Canada recently denied an application to certify a proposed class action against SATA Internacional for claims of compensation for delayed flights. In Berenguer v. SATA Internacional, the Plaintiff was an Alberta resident and the Defendant a Portuguese commercial airline, which ..read more
Don’t Forget Your Vaccine Passport! New Requirements Coming for Air Travellers and Airline Employees
Canadian Law Blogs » Aviation Law Blog
2y ago
On August 13, 2021, Transport Canada’s Minister, Omar Alghabra, announced that all passengers on commercial flights in Canada will need to prove that they have been vaccinated against COVID-19 before being permitted to travel by air. The Treasury Board of Canada also announced the intention of the ..read more
Canadian Law Blogs » Aviation Law Blog
3y ago
On January 8, 2020, a Boeing 737-800 aircraft, operated as Ukraine International Airlines Flight 752 (“Flight 752”), was shot down shortly after taking off from Tehran International Airport. All 167 passengers and nine crew members onboard were killed, including 55 Canadians. Under Annex 13 of the ..read more
Canadian Law Blogs » Aviation Law Blog
3y ago
The Accessible Transportation for Persons with Disabilities Regulations (the “Regulations”) were published on June 25, 2019, with the majority of its provisions slated to come into force on June 25, 2020. The Regulations apply to large airlines (defined as airlines transporting at least 1,000,000 pa ..read more
Canadian Law Blogs » Aviation Law Blog
3y ago
Since the outbreak of COVID-19, the federal government, public health authorities, and those involved in the aviation industry have responded to health concerns in an effort to support safe air travel. Over time, as the skies have opened up, measures have been taken to reduce the spread of the virus ..read more
Canadian Law Blogs » Aviation Law Blog
3y ago
Following two crashes involving Boeing 737 MAX aircraft (Lion Air Flight 610 on October 29, 2018, and Ethiopian Airlines Flight 302 on March 10, 2019), the 737 MAX was grounded by aviation regulators around the world. In Canada, the 737 MAX has been grounded since March 13, 2019. After an extensive ..read more