Air Passengers Rights Group Files Court Challenge to ‘Unconstitutional’ Rules it Says Muzzle Travellers

TOP STORY

Jill Rorabeck says she wishes she’d never turned to Canada’s airline regulator to settle her dispute with Swoop Airlines. 

Not only did the Canadian Transportation Agency (CTA) side with the airline, Rorabeck can’t even share the details of her dispute.

Air passenger rights group files court challenge to ‘unconstitutional’ rules it says muzzle travellers | CBC News

Decisions

Worker’s compensation, consolidation, income replacement – Air Canada et Karanwal, 2025 QCTAT 2210

Ramp attendant suffered thoracic spine sprain while handling luggage – Commission recognized injury as employment injury – after worker followed treatment course, disagreement regarding consolidation of injury between worker’s and employer’s physicians – Commission determined injury had not consolidated – employer contested both decisions by Commission – Tribunal reviewed conditions for injury to be presumed an employment injury and found presumption applied – employer invoked the absence of specific or sudden work events that could have caused the injury – first contestation dismissed – the presumption applies – Tribunal further found injury had consolidated when no further treatments were recommended and no further improvements were observed – employer asked Tribunal to make determination with respect to functional limitations and permanent impairment, arguing expediency and that Commission had failed to make a determination – Tribunal acknowledged its authority to make determination where appropriate, but found that Commission had not been required to make a determination since it had found the injury had not consolidated – Tribunal determined it had the authority to rule on matters beyond the content of contested decision, including the functional limitation –  Tribunal also found it did not have all relevant information to make a determination – Tribunal declared injury to be consolidated and remitted the issue of functional limitations and permanent impairment to Commission – income replacement indemnity to be maintained until decision is made with respect to worker’s degree of impairment

Grievance, vacation entitlement, extended shifts – Unifor c Aéroport de Québec Inc., 2025 CanLII 47943 (CA SA)

Grievance regarding employer’s practice to convert vacation entitlements set out in days in collective agreement into hours – central issue was compensation to be paid for a vacation day to employees working extended shifts of 10 or 12 hours – employer argued grievance was untimely as practice has been in place for several years without challenge – also argued equity between employees justified conversion of vacation days into hours based on average weekly hours – in the alternative, employer also invoked estoppel  – union argued practice was unilateral change to vacation regime – Tribunal found triggering of timeline to file grievance required understanding by union of employer calculation method – no explanation provided when vacation hours were credited to employees in previous years, therefore timeline not triggered – grievance found to be timely – Tribunal noted language required that usual compensation be maintained during leave – compensation being based on hourly rates, conversion to hours required at some point – extended shifts cannot be considered in isolation, but are part of schedule as a whole where days off compensate for longer workdays – considering a workday in extended shift schedule simply as 12 hours would provide economic advantage only because of the working arrangement – Tribunal noted parties agreed to concept of averaging hours of work on a weekly basis in their agreement to implement extended shifts – Tribunal finally noted union’s interpretation would introduce disparity between full-time and part-time employees who receive vacation as percentage of annual compensation – Tribunal found employer calculation method complied with the collective agreement in that it ensured each employee received their usual compensation during leave while maintaining equitable treatment between employes – given this conclusion, Tribunal found no need to address employer’s estoppel argument – grievance dismissed

CTA News and Decisions  

Application – Air Canada also c.o.b. Air Canada rouge and Air Canada Cargo – Determination No. A-2025-98

Application to amend condition 1 of licence 100071 in order to operate a scheduled international service between Canada and Ghana using Air Canada’s own aircraft – licence was issued in June 2010 for Air Canada to operate scheduled international service, large and all-cargo aircraft, through code sharing – no agreement or arrangement in force between Canada and Ghana at the time – Agreement between the Government of Canada and the Government of the Republic of Ghana on Air Transport signed on March 5, 2025 – licence subject to amended conditions

Suspension – Executive Air Taxi Corp. – Order No. 2025-A-S-89

Licence 967021 

Suspension – Jet-Share Aviation Inc. – Order No. 2025-A-S-90

Licences 962416 and 967165 

Suspension – Nikan Hélicoptère – Logistiques et Solutions Inc. / Nikan Helicopter – Logistics and Solutions Inc. – Order No. 2025-A-S-91

Licence 120097 

Suspension – RVR Aviation, LLC c.o.b. RVR Air Charter – Order No. 2025-A-S-93

Licence 120059 

Suspension – Pacific Flight Services Pty Ltd – Order No. 2025-A-S-94

Licence 140065 

Suspension – Swift Aircraft Management, L.L.C. – Order No. 2025-A-S-95

Licence 140027 

Suspension – Capital Jet, Inc. c.o.b. CapJet – Order No. 2025-A-S-98

Licence 150096 – reinstated effective June 5, 2025

Suspension – WEJET, INC. – Order No. 2025-A-S-102

Licence 230085 – reinstated effective June 4, 2025

Suspension – Jet Up Aviation, LLC c.o.b. Jet Up Aviation – Order No. 2025-A-S-103

Licence 200008 

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