International Law Office - Legal Newsletters, Law Firm Directory and Legal News
Legal Newsletters - Archive
Search terms: Carlos P Martins
Jump to
Aviation
Canada
Federal Court backs TATC in pilots' appeal
The Federal Court has dismissed an application for judicial review by the minister of transport. The court found that the Transportation Appeal Tribunal of Canada's decision in an appeal by two pilots who had failed their pilot proficiency check over use of the autopilot system was "intelligible, transparent and justified".
In a recent case the Provincial Court of Alberta found the limitation of liability provisions in Air Canada's standard-form air waybill inapplicable. The decision illustrates the manner and extent to which lower-level courts in Canada will go to find in favour of individual plaintiffs in cargo cases and is of interest in understanding how courts of equity deal with such matters.
A business jet insured for C$40 million was rendered a total loss after an accident. The insurance policy included a pilot training clause, requiring any pilot operating the aircraft to have completed a certain amount of classroom and flight training hours. The insurer denied the claim, stating that the pilot's training did not comply with the requirements of the clause. Three actions were commenced as a result of the insurance dispute.
Gabor Lukács has successfully challenged yet another air carrier's tariff before the Canadian Transportation Agency. On this occasion the carrier was Porter Airlines, a regional airline operating out of Toronto. This latest decision is the culmination of the various and sundry battles that Lukács has had against other carriers in recent years.
Following a crash, a passenger brought a claim against the minister of transport and the government on the grounds that their implementation of the safety management systems within the regime created by the Canadian Aviation Regulations created a lax regulatory environment that contributed to the circumstances of the crash. However, the court concluded that neither party owed the passenger a duty of care.
The Supreme Court of British Columbia recently held that course materials used in Ministry of Transport training were protected by solicitor-client privilege, and consequently the crown could not be ordered to produce such materials. The case commenced when International Express Aircharter Ltd challenged the revocation of its operations manager's authority, and the resulting suspension of its air operator certificate.
