BC Supreme Court Finds CRT Lacked Jurisdiction to Decide Compensation Claim Under APPR

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Although an arbitration board determined that the grievor was dismissed by Air Canada without just cause, reinstatement was not a viable remedy due to an irreparable breakdown in the employment relationship. The parties could not agree, however, on whether the grievor was entitled to compensation in lieu of reinstatement calculated until the anticipated date of his retirement (Hay River model) or over a reasonable period (De Havilland model). Arbitrator Garzouzi ordered the parties to apply the De Havilland framework in their efforts to determine the monetary compensation required to make the grievor whole. She remitted the calculation to the parties, while remaining seized of the matter.

2025 CanLII 109071 (CA LA) | International Association of Machinists & Aerospace Workers (IAMAW), District Lodge 140 v Air Canada | CanLII

Decisions

Compensation, duty to inform – Prud’homme Martel c. Air Transat A.T. inc., 2025 QCCQ 6355 Passports of two members of plaintiff’s party did not meet expiry requirement to enter France – new tickets were purchased after new passports were obtained – plaintiff claimed cost of new tickets – Court noted passengers’ responsibility for due diligence – Court also found Air Transat prompted passengers to ensure they meet entry requirements, both on website and travel confirmation documentation – Court determined Air Transat was not liable for new tickets – claim dismissed – Court also dismissed claim that baggage should have been included in cost of plane tickets and claim for cost of COVID-19 tests undertaken at airport

Dispute, Training bond – SkyLink Express Inc. v. Camarda2025 BCCRT 1521                             Training bond required employee to remain employed for 12 months following training – employee resigned after only 7 months – employer sought reimbursement of prorated training cost – Court found that Canadian Aviation Regulations require air operator to provide recurrency training but not to pay for it – Court also found employee received consideration for signing training bond, namely training – Court concluded training bond was valid and ordered employee to repay $3,333.33 plus interest – in absence of evidence, Court declined to award legal fees sought by employer

Wrongful dismissal, limitation period – Pascuet v. Sky Service2025 ONSC 6143                    Employee terminated for non-compliance with COVID-19 vaccination policy – employee first started proceedings against federal government – after Federal Court struck out claim, employee started wrongful dismissal action more than 2 years after termination – Court stated that commencing claim in wrong forum does not suspend running of limitation period – Court also found claim did not raise novel cause of action to support exception to limitation period – Court concluded claim was commenced after expiry of limitation period and therefore statute-barred

CIRB Decisions

Bargaining unit order – Skycharter Limited.Order No. 12132-U                                                    Employer requested representation vote – Board not convinced of any undue influence or any serious reasons to order a vote – IAMAW certified to be bargaining agent for a unit comprising “all employees employed by Skycharter Limited at the Lester B. Pearson International Airport in Toronto, Ontario, working as client care specialists, excluding supervisors and those above the rank of supervisor”

CTA News and Decisions  

Application – LEAF – LEASE & FLY LTD. c.o.b. LEAFDetermination No. A-2025-176                  Application for licence to operate a non-scheduled international service to transport traffic on a charter basis between Malta and Canada – license issued, subject to conditions

Suspension – New World Aviation, Inc.Order No. 2025-A-22                                                              Licence 990113

Suspension – Reliance Airways LtdOrder No. 2025-A-S-206                                                                    Licence 050054

Suspension – FL Aviation Corp. – Order No. 2025-A-S-209                                                                          Licence 100062

Suspension – JEM Air Holdings LLCOrder No. 2025-A-S-210                                                          Licence 140019

Suspension – Venture Travel, LLC c.o.b. Taquan AirOrder No. 2025-A-S-212                                  Licence 000137 – reinstated effective November 5, 2025

Suspension – Dal Aviation Ltd.Order No. 2025-A-S-213                                                                  Licence 972093

Suspension – DuPage Aerospace CorporationOrder No. 2025-A-S-214                                          Licence 170058

Suspension – Desert Jet, LLC c.o.b. Desert JetOrder No. 2025-A-S-215                                                Licence 090047

Suspension – Blue Water Aviation Services Ltd. – Order No. 2025-A-S-217                                       Licence 972137

Suspension – Alba Star, S.A. – Order No. 2025-A-S-221                                                                      Licence 240062

Suspension – West Atlantic Sweden AB c.o.b. FarCargo and as West Atlantic Cargo AirlinesOrder No. 2025-A-S-222                                                                                                                                        Licence 250047

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