The 9th Annual Aviation Conference hosted jointly by Paterson, MacDougall LLP (“PMLaw”) and Alexander, Holburn, Beaudin & Lang LLP (“Alexander, Holburn”) on February 21, 2008 had once again ample proof that time really does fly when one is educated and entertained by some of the industry’s most esteemed and insightful speakers.

After a continental breakfast and a warm welcome from Bruce MacDougall of PMLaw and Patrick Saul of Alexander, Holburn, the first panel moderated by PMLaw’s Tim Trembley gave everyone a taste for the legal liability issues faced by the industry in the past year. While Darryl Pankratz of Alexander, Holburn and Michael Goodhue of Gascoe, Goodhue LLP discussed important developments in Canadian Aviation law, Alan Reitzfeld of Holland & Knight LLP presented an update on the issues developed south of the border, including a discussion of the passengers’ Bill of Rights.

A quick coffee break prepared us for our next panel, hosted by PMLaw’s Bruce MacDougall, which focussed on what has happened in the past year and what is on the horizon in the industry’s regulatory realm. Michael Dery of Alexander, Holburn discussed the importance of Bill C45 as it applies to civil aviation. Bill C45 deals with amendments to Canada’s Criminal Code affecting criminal liability of organizations.

Fred Gaspar, Vice President, Policy & Strategy with Air Transport Association of Canada impressed everyone with his insightful discussion of the inconsistency in policy and regulation of Canadian air carriers. Assistant General Counsel of Air Canada, Louise-Hélène Sénécal, described her experiences dealing with the issue of additional fares and charges, and the role played by the CTA, as well as the 2007 Supreme Court of Canada decision in Council of Canadians with Disabilities v. Via Rail Canada Inc. Gilbert Poliquin followed up with a discussion on the obligations surrounding provision of onboard oxygen for Canadian domestic passengers. The panel was concluded with a presentation by Thomas Whalen of Eckert, Seamans, Cherin & Mellott, LLC who examined the issue of passenger user fees and, on a different point, voiced his surprise that Canada has yet to ratify the Cape Town Convention that permits registration of liens on aircraft and engine in an electronic registry and affords protection to the leases that are treated as security interests.

After a well deserved lunch, PMLaw’s Carol McCall led the panel on the security issues affecting the aviation industry. Fred Gaspar and Thomas Whalen were welcomed back to discuss advance passenger information and the No Fly/Over Fly lists - issues that are becoming increasingly relevant in the modern aviation world. If you ever wondered what really happens when you go through security in an airport, our next speaker, Paul Kennedy of Canadian Sales Smiths Detection, fulfilled that curiosity by demonstrating the power of the ever changing technology and the role it plays in security detection at the airports. The panel leader, Carol McCall completed the discussion by providing an inside look into the Air India Commission Inquiry, with a particular focus on the security issues surrounding the bombing of the Air India Flight 182.

The day’s final panel, moderated by Patrick Saul of Alexander, Holburn, came back to the issue of liability of air carriers. PMLaw’s Tim Trembley discussed passenger liability waivers and the circumstances when such waivers can be relied upon. Of course, Tim’s discussion is not restricted to the liability of air carriers and can provide a useful background into other areas of liability as well. Patrick Saul “cleared the air” by providing useful insight into the issues surrounding air carrier conditions of carriage. Patrick also introduced the final presentation of the day: a Mock Small Claims Settlement Conference, performed by Matthew Biderman, Clay Hunter and Anna Gatova of PMLaw. This fun and slightly absurd look inside the Deputy Judge chambers of the Small Claims Court certainly created some excitement in the audience and was a great way to end the day. Special thank you to Clay Hunter for creating such an amusing Plaintiff’s Claim that inspired such colourful characters: the character of the vexed cowboy claimant played by Matthew Biderman, the judge with a dislike for legal principles played by Clay Hunter, and a cold-hearted lawyer with a dislike for difficult plaintiffs played by Anna Gatova.

PMLaw and Alexander Holburn would like to thank our insightful speakers and attentive guests for a truly memorable conference. Special thanks go out to the incredibly talented, hard-working and patient PMLaw staff - Mary Vrbos, Rosa Borrelli and Veronica Rodericks who make it all possible. It is with great anticipation that we await our 10th anniversary conference in 2009.