Archives for: Aviation

Update: When does a defendant submit to a foreign court’s jurisdiction?

There are indeed perils when a defendant ignores a lawsuit brought in a foreign jurisdiction, but a recent decision from the Court of Appeal of New Brunswick highlights what steps must a foreign plaintiff take to enforce a judgment from abroad and what factors must be considered to determine whether a defendant submitted to the foreign Read more...

Wolk Law Firm et al. v. National Transportation Safety Board

A recent action in the United States Federal Court makes alarming accusations against the National Transportation Safety Board (NTSB). In Wolk Law Firm et al. v. National Transportation Safety Board, five families along with the lawyer that represents them, seek an order requiring the NTSB to release documents regarding five air crash investigations currently underway. Read more...

Supreme Court of Canada Rules in Favour of Montreal Convention Exclusivity

Perhaps 7-Up and Sprite are the same after all. While travelling on an Air Canada flight from Charlotte to Toronto, Lynda Thibodeau ordered a 7-Up soda in French. The flight attendant, who spoke only English, gave her a Sprite instead. This and several other incidents led Lynda Thibodeau and her husband Michel to bring a Read more...

Paterson MacDougall Welcomes New Articling Student

Paterson MacDougall is pleased to welcome Darryl Korell to the team as our new articling student. Darryl recently graduated with a J.D. from the University of Ottawa. While there, he interned at the Supreme Court of Canada and co-ordinated the Law Help Ontario student volunteer program. Darryl brings a wealth of research, writing, and management Read more...

CTA Decision Commentary: They said what?

On January 31, 2014 the Canadian Transportation Agency released a lengthy decision addressing certain of Porter Airlines’ tariff provisions (Decision No. 31-C-A-2014). In the course of the decision, the Agency made a number of findings, some more supportable than others. However one finding is particularly problematic and warrants comment. While considering Porter’s tariff provisions addressing Read more...

Sovereign Immunity Upheld

In June 2013 we commented on the Ontario Superior Court decision in Bombardier Inc. v AS Estonian Air, 2013 ONSC 3039. http://www.pmlaw.com/?p=796 Justice Morgan of the Ontario Superior Court of Justice upheld the immunity from suit enjoyed by the Republic of Estonia by virtue of Canada’s State Immunity Act. That decision was appealed to the Read more...

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