Archives for: airline liability

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 […]

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 […]

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 […]

Bordonaro c. Voyages David Inc. et Alitalia Airlines: Liability for Delay under the Montreal Convention

In a Quebec Small Claims Court decision, Bordonaro c. Voyages David Inc. et Alitalia Airlines, it was ruled that an airline was not liable to passengers for an over three hour flight delay.  The plaintiff purchased tickets for his children who were to fly from Bari to Rome and then from Rome to Montreal.  The […]