Archives for: Aviation

Sovereign Immunity Upheld

In June 2013 we commented on the Ontario Superior Court decision in Bombardier Inc. v AS Estonian Air, 2013 ONSC 3039. 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 […]

The Perils of Ignoring a Foreign Lawsuit

A recent decision from New Brunswick highlights the perils of a defendant ignoring a lawsuit brought in a foreign jurisdiction. In the case of Ward v. Nackawic Mechanical Ltd., 2013 NBQB 296 (CanLII),  the plaintiffs obtained an order enforcing an Ohio Court default judgment in the amount of CDN $965,980. The case arose from an incident […]

Estonia retains sovereign immunity in lawsuit involving state-owned airline

A government does not give up its sovereign immunity simply because it owns a majority interest in a commercial airline. In Bombardier Inc. v AS Estonian Air, 2013 ONSC 3039, the Superior Court of Ontario held that it lacks jurisdiction over the Republic of Estonia (the “Republic”) in a claim accusing its government of wrongful […]

CTA Upholds Tariff Concerning Transportation of Primates

In a decision dated December 20, 2012, the Canadian Transportation Agency (CTA) dismissed complaints launched by the Public Health Agency of Canada and Queen’s University against Air Canada.  The CTA found that Air Canada’s proposed tariff revisions that would allow it to stop transporting non-human primates for research are not unreasonable, nor are they unduly […]

B.C. Court Upholds Waiver of Liability

In the recent decision, Niedermeyer v. Charlton, the British Columbia Supreme Court decided that a signed waiver absolving a driver of any liability can prevent a Plaintiff from claiming and collecting damages pursuant to the province’s automobile insurance scheme. The Plaintiff, Karen Niedermeyer, a teacher from Singapore, was returning from a zip-lining activity with six […]

Federal Court of Appeal confirms the exclusivity of the Montreal and Warsaw Conventions in Thibodeau v. Air Canada

Federal Court of Appeal recognizes and confirms the exclusivity of the Montreal and Warsaw Conventions holding that “…although the Montreal Convention, like that of Warsaw, does not address all aspects of international air carriage, it constitutes a complete code as concerns the aspects of international air carriage that it expressly regulates, such as the air […]

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