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Aviation

03 April 2019
Carlos P Martins Superior Court rules on entitlement to lost luggage compensation

Canada - Bersenas Jacobsen Chouest Thomson Blackburn LLP

The Ontario Superior Court of Justice recently ruled that in order to claim damages for lost luggage under the Montreal Convention, a passenger need not have personally checked the luggage. This decision partially affirms a decision of the province's Small Claims Court, in which the deputy judge held that, despite only one passenger in a group having checked in all of the bags, each passenger had been entitled to claim damages for lost luggage.

Authors: Carlos P Martins, Emma Romano
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Ahmed Murad Application of international air law treaties in the Maldives

Maldives - Mazlan & Murad Law Associates

The Constitution provides that any international treaty to which the Maldives becomes a party will be enforced only on Parliament's approval and in accordance with any conditions of such approval. Among others, the Maldives has ratified the Convention on International Civil Aviation and the Convention on the International Recognition of Rights in Aircraft. Further, there have been talks about implementing legislation to govern the rights of domestic air passengers.

Author: Ahmed Murad
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Robert F Foster DOT denies petitions to initiate consumer protection rulemakings

USA - Cozen O'Connor

The Department of Transportation (DOT) recently denied three petitions to initiate rulemakings on various consumer protection issues proposed by FlyersRights, a consumer advocacy group. The DOT's decision to refuse to propose new regulations is consistent with the Trump administration's efforts to reduce regulatory burdens on industry. Nonetheless, the DOT appeared to be sympathetic to consumer protection concerns raised by FlyersRights.

Author: Robert F Foster
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Carlos P Martins Class action regarding flight passes denied certification

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