December 12, 2017 – Canjet Reprisal Decision

Jaime – 2017 CIRB 864

Reasons for Decision
Reprisal allegation for dismissal after filing two complaints of workplace violence and harassment with CanJet – No reprisal actions found taken by Employer – Complaint dismissed

DECISIONS

• Motion – Timelines/Examination – The Commissioner of Competition v Vancouver Airport Authority, 2017 CACT 18
  Public interest privilege — Examination for discovery — Discovery of the representative — Remaining pre-hearing disclosure steps — Witness statements
• Passenger claim – Delayed flight – Yalaoui c. Air Algérie, 2017 QCCS 5479
  Passenger claim for damages arising from delay of flight – Issue of liability for delay – Defendant took reasonable steps to ensure flight would not be delayed – Defendant not liable – Dismissed
• Passenger claim – Delayed flight – Sirois c. Vacances Sunwing inc., 2017 QCCQ 13321
  Passenger claim for damages due to poor services and delay of flight – Defendant found to have not informed passengers in a timely manner – Failure to act in reasonably prudent and diligent manner inconsistent with Montreal Convention – Claim allowed, $1350 in damages awarded

CIRB DECISIONS

• Certification – Flair Airlines Ltd. – Order No.: 11194-U
  CUPE – all employees of Flair Airlines Ltd., employed as flight attendants, excluding the Manager of Flight Attendants, Assistant Flight Attendant Manager, In-Flight Supervisors and those above the rank of these positions.
• Certification – Vanguard Air Care Inc. – Order No.: 11198-U
  CUPE – all employees in the Province of Manitoba employed by Vanguard Air Care Inc. as flight nurses/medics, excluding casuals, the flight coordinator, the chief flight medic and the clinical educator.

CANADIAN TRANSPORTATION AGENCY DECISIONS

• Application – Central Flying Service, Inc. – Determination No. A-2017-197
  Pursuant to subsection 73(2) of the Canada Transportation Act, S.C., 1996, c. 10, as amended
• Application – Weather Modification, Inc. c.o.b. as Fargo Jet Center – Determination No. A-2017-196
  Cancellation of Licence No. 967482
• Application – Partner Jet Inc. – Order No. 2017-A-209
  Exemptions from paragraphs 33.1(b) and 73(2)(c) and sections 33.2 and 103.3 of the Air Transportation Regulations, SOR/88-58, as amended
• Application – Librico Helicopters Ltd. – Determination No. A-2017-199
  Pursuant to section 61 of the Canada Transportation Act, S.C., 1996, c. 10, as amended
• Application – New World Aviation, Inc. – Order No. 2017-A-214
  Exemption from section 103.3 of the Air Transportation Regulations, SOR/88-58, as amended
• Application – Librico Helicopters Ltd. – Determination No. A-2017-200
  Pursuant to subsection 73(1) of the Canada Transportation Act, S.C., 1996, c. 10, as amended
• Application – Kasper Aviation Inc. – Determination No. A-2017-204
  Cancellation of Licence Nos. 150012 and 150041
• Application – Cockrell Resources, Inc. – Order No. 2017-A-216
  Exemption from section 103.3 of the Air Transportation Regulations, SOR/88-58, as amended
• Application – SaxonAir Charter Limited – Determination No. A-2017-203
  Pursuant to subsection 73(2) of the Canada Transportation Act, S.C., 1996, c. 10, as amended
• Application – Aerovias de Mexico S.A. de C.V. c.o.b. as AeroMexico (AeroMexico), on behalf of itself; Delta Air Lines, Inc. and Endeavor Air, Inc. all c.o.b. as, among others, Delta Connection – Determination No. A-2017-202
  Pursuant to section 60 of the Canada Transportation Act, S.C., 1996, c. 10, as amended, and section 8.2 of the Air Transportation Regulations, SOR/88-58, as amended
• Application – Koninklijke Luchtvaart Maatschappij, N.V., on behalf of itself and Endeavor Air, Inc. c.o.b. as Delta Connection – Determination No. A-2017-201
  Pursuant to section 60 of the Canada Transportation Act, S.C., 1996, c. 10, as amended, and section 8.2 of the Air Transportation Regulations, SOR/88-58, as amended
• Suspension – National Air Cargo Group, Inc. c.o.b. as Murray Air and National Airlines – Order No. 2017-A-212
  Licence No. 040127 – Licence reinstated effective December 7, 2017
• Suspension – National Air Cargo Group, Inc. c.o.b. as National Airlines – Order No. 2017-A-211
  Licence No. 150072 – Licence reinstated effective December 7, 2017
• Suspension – Dynamic Airways, LLC – Order No. 2017-A-207
  Licence No. 120026 – Licence reinstated effective December 7, 2017
• Suspension – China Cargo Airlines Ltd. c.o.b. as China Cargo – Order No. 2017-A-206
  Licence No. 100026 – Licence reinstated effective December 5, 2017
• Suspension – DW Dominican Wings, S.A. c.o.b. as Dominican Wings – Order No. 2017-A-208
  Licence No. 160038
• Suspension – Solar Cargo, C.A. c.o.b. as Solar Cargo – Order No. 2017-A-210
  Licence No. 160026
• Suspension – Thai Airways International Public Company Limited – Order No. 2017-A-213
  Licence No. 975142
• Suspension – Asiana Airlines, Inc. c.o.b. as Asiana Airlines – Order No. 2017-A-215
  Licence No. 030130

TC/TSB NEWS

• Canadian Airworthiness Directives
• Foreign Airworthiness Directives
• TC/MMEL

INDUSTRY ASSOCIATION NEWS

• AIAC: Canada and Japan sign Technical Arrangement for Maintenance
• COPA: Pilot affected by laser strike
• HAC: HAC makes its views known on Bill C-49
• HAC: Transport Canada consulting on industry use of TAWS
• ICAO: ICAO seminar drives progress toward greener airports
• ICAO:  International Civil Aviation Day

UNION NEWS

• ALPA: Encore pilots elect temporary union leaders
• CUPE: CUPE welcomes Flair Airlines flight attendants
• UNIFOR: Jazz bargaining update: For customer and aircraft services
• UNIFOR: Unifor is reaching out to WestJet employees
• UNIFOR: Air Canada bargaining committee news: Issue # 5

AVIATION MEDIA

• Air Canada’s ‘ancillary’ fees for customers add up to big bucks
• Air Canada’s new Boeing 737 MAX enters regular service to transport customers with next generation amenities
• Airlines crack down on ‘smart luggage’ due to lithium battery fire risk
• Airport plan set: no chance of runway extension, no business compensation
• Canada Jetlines chooses Halifax Stanfield as eastern operations base
• CAE expands training solutions relationship with JEJUair in Korea
• Cheap flights are finally coming to Canada in 2018
• Flair Airlines tinkering with ultra low cost model by eliminating carry-on fee
• Fort McMurray airport losing passengers to Edmonton and Calgary
• Improper use of holiday laser lights could pose threat to aviation safety
• Mitchinson Flight Centre joins Air Georgian’s SOAR Program
• NAV CANADA announces a tentative agreement with CFPA
• New business models put aircraft maintenance centre stage
• Opinion: airline security and the kirpan in Quebec
• Opportunity knocks
• Senate not in rush to pass airline passenger-rights bill despite Liberal frustration
• WestJet and Delta Air Lines agree to form joint venture