Archives for: Aviation

Proposed Regulations for all-in airfare advertising

The proposed regulatory Amendments on all-in airfare advertising have been pre-published in Part I of the Canadian Gazette and comments are invited until September 13, 2012. The proposed Amendments will require the price of an air service to display the total price inclusive of all taxes, fees and charges and apply to the advertising of […]

Enforceability of a Waiver of Liability

A British Columbia Court of Appeal decision to enforce a waiver of liability has important implications for aviation related businesses that provide services for extreme sports (Loychuk v Cougar Mountain Adventures, [2012] BCJ No 504) . The case itself involved zip-lining and had no aviation component. However the Court’s analysis could be applied to those involved in […]

Widow Denied $1,000,000 Following Aircraft Accident

A recent decision of the British Columbia Supreme Court highlights the limited coverage that is available for aviation accidents through some life insurance policies (McLean v. Canadian Premier Life Insurance Co., [2012] B.C.J. No. 198). On August 3, 2008, the plaintiff’s husband Mark McLean, and four others, were killed as a result of the crash […]

Saskatchewan Pilot jailed for Dangerous Operation of an Aircraft

The Saskatchewan Provincial Court has sentenced a pilot to a term of 9 months imprisonment following a tragic accident on May 10, 2010. The pilot, Parker Butterfield, pled guilty to dangerous operation of an aircraft causing death, contrary to section 249(4) of the Criminal Code.  Butterfield and the victim, William Bleach, were both commercial pilots employed […]

Nova Scotia Court Upholds Montreal Convention Limitation Period

The Supreme Court of Nova Scotia has become the latest Canadian Court to strictly uphold the two year limitation period found in the Montreal Convention.  In Lemieux v. Halifax International Airport Authority, 2011 NSSC 396, the plaintiff fell on the apron at Stanfield International Airport while boarding an Air Canada flight.  She sued both Air Canada […]

Height not a Disability says Canadian Transportation Agency

The Canadian Transportation Agency (“CTA”) released a decision on January 3, 2012 dismissing a complaint by an airline passenger seeking to establish that he was disabled due to his height. The passenger, Malcolm Johnson, is 202 cm or about 6 feet 7 and ½ inches tall. He asked the CTA to order Air Canada to […]

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