January 18, 2020 – Random drugs and alcohol testing impermissible in safety sensitive workplace

TOP STORY

Cougar Helicopters denied random drug and alcohol testing

DECISIONS

Federal Court jurisdiction – 744185 Ontario Inc. v Canada – 2020 FCA 1
Airport appealed City’s approval of new place of worship within airport operating influence zone – Christian church proposed within operating influence zone – airport objected to building because it was noise-sensitive – most activities in church of communal or social nature – outdoor activities susceptible to noise – appeal dismissed – church was within permissible noise limits
Limitation of actions – Vingarzan v Air Canada – 2020 BCCRT 51
Passenger claimed $2,000 due to 7-hour delayed flight – airline admitted delay, but argued application outside of limitation period – Montreal Convention limits claims to two years after occurrence – occurrence was October 14, 2017 – claim filed in court October 28, 2019: beyond limit – Montreal Convention’s limitation period is absolute – action dismissed
Disclosure of documents – Canadian Airport Workers Union v Jeld-Wen of Canada Ltd. – 2019 CanLII 122778 (ON LRB)
Private citizen requested labour relations board documents relating to case – union resisted disclosure – citizen was part of law firm that formerly represented the union – union argued that disclosing documents would have chilling effect on Board litigation – Board granted request – open court principle created presumption of disclosure – union’s arguments ignored principle
Slip and fall – Quinn v WestJet Airlines Ltd. – 2019 BCCRT 1446
Passenger, 93 year-old woman, was exiting the aircraft – airline staff offered to help exit, but help refused – fell before reaching required wheelchair – applicant was bruised – airline obtained appropriate paramedical help – airline argued that no accident occurred under Montreal Convention; no liability existed – Tribunal agreed – passenger was responsible for assessing her condition and abilities

CTA DECISIONS

Determination – Canadian Transportation Agency – Determination No. A-2019-241
Inquiry into WestJet’s international scheduled tariff provisions related to schedule delays, schedule irregularities, and denied boarding
Application – Cargojet Airways Ltd also c-o-b as Cargojet Regional, on behalf of itself and 21 Air, LLC – Determination No. A-2020-4
Pursuant to section 60 of the Canada Transportation Act and section 8.2 of the Air Transportation Regulations
Application – Seven Bar Aviation, LLC (applicant) of Dallas, Texas, United States of America – Determination No. A-2020-3
Pursuant to subsection 73(2) of the Canada Transportation Act
Application – Caris Air Services, LLC (applicant) of Dallas, Texas, United States of America – Determination No. A-2020-2
Pursuant to subsection 73(2) of the Canada Transportation Act
Application – Polskie Linie Lotnicze LOT SA (LOT Polish Airlines SA) (LOT Polish), on behalf of itself and Air Belgium SA (Air Belgium) – Determination No. A-2019-243
Pursuant to section 60 of the Canada Transportation Act and section 8.2 of the Air Transportation Regulations
Determination – Sunwing Airlines Inc. (Sunwing) and Smartwings, a.s. (Smartwings) – Determination No. A-2019-242
Pursuant to subsection 73(2) of the Canada Transportation Act
Application – Air Transat A.T. Inc. carrying on business as Air Transat (Air Transat), on behalf of itself and Hi Fly – Transportes Aéreos, S.A. (Hi Fly) – Determination No. A-2019-240
Pursuant to section 60 of the Canada Transportation Act and section 8.2 of the Air Transportation Regulations
Cancellation – Keith Warren Fox and Joanne Barbara Fox c-o-b in partnership as Fox Aviation – Determination No. A-2020-5
Licence nos. 020047 and 020048
Suspension – Gama Aviation Limited – Order No. 2020-A-10
Licence no. 120106
Suspension – Joint-Stock Company “The 224-th Flight Unit State Airlines” – Determination No. A-2020-6
Licence no. 120053
Suspension – Cubana de Aviacion S.A. – Order No. 2020-A-9
Licence no. 975160, reinstated effective January 7, 2020
Suspension – Walkabout Air, Inc. – Order no. 2020-A-8
Licence no. 060031
Suspension – Basin Aviation, Inc. – Order No. 2020-A-7
Licence no. 050121
Suspension – Cubana de Aviacion S.A. – Order No. 2020-A-6
Licence no. 977408, reinstated effective January 7, 2020
Suspension – Midwest Flying Service, Inc. – Order No. 2020-A-5
Licence no. 977085
Suspension – Jet Services, Inc. – Order No. 2020-A-4
Licence no. 160070
Suspension – Lane Aviation Corporation – Order No. 2020-A-3
Licence no. 967532
Suspension – Modesto Executive Air Charter, Inc. c-o-b as Sky Trek Aviation – Order No. 2020-A-2
Licence no. 877118
Suspension – North American Jet Charter Group, LLC – Order No. 2020-A-1
Licence no. 980170
Suspension – RB Aviation, LLC – Order No. 2019-A-198
Licence no. 080110
Suspension – MidAmerica Jet Inc. – Order No. 2019-A-197
Licence no. 160020
Suspension – Elite Jets Charter, LLC c-o-b as Elite Jets – Order No. 2019-A-196
Licence no. 180074, reinstated effective December 24, 2019
Suspension – Thunderbird Aviation, Inc. – Order No. 2019-A-195
Licence no. 967509