Archives for: aviation

Transport Canada Duty of Care amidst NAFTA’s Specialty Air Services regime

Late last month the British Columbia Superior Court released a fascinating decision exploring the possibility that Transport Canada breached a duty of care to aviation passengers despite carefully following applicable regulatory procedures. The case, British Columbia (Workers’ Compensation Board) v Flanagan Enterprises (Nevada) Inc., 2017 BCSC 99, involved a crashed twin-engine Beech “King Air” A90 […]

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 […]