Archives for: Aviation

Helicopter Company Cannot Limit Liability in Work Related Accident

A recent decision of the Yukon Territory Supreme Court rejected an application by a helicopter company to limit its liability to its insurance policy limits in a work-related accident case. The motion arose out of an action brought by two passengers on a helicopter that crashed  on July 10, 2012, near Carcross, Yukon. Both passengers were […]

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 […]

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. […]

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 […]

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 […]

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 […]

Blog Archive