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| August 1, 2017
TOP STORY
DECISIONS
- Judicial Review – Default Judgment – Pacific Aviation Academy of British Columbia v Hassan, 2017 BCSC 1259
Application for judicial review to set aside default judgment – Petitioners intended to defend action – Default judgment given without notice is a nullity – Judgment set aside and matter referred back to Small Claims for 2 days trial
- Application – Bankruptcy Orders – CHC Group Ltd. (Re), 2016 BCSC 2623
Application for various Orders under section 46 of Companies’ Creditors Arrangement Act – Company found to operate out of Texas with Canadian parts fully integrated in US company – Chapter 11 proceedings under U.S. Bankruptcy Code to take precedent – Orders granted deferring to US proceedings
- Application – Scheduling Amendments – The Commissioner of Competition v Vancouver Airport Authority, 2017 CACT 9
Order to amend previous timetable – Granted
- Human Rights – s.4.79 Aeronautics Act – Mahood v. Canadian Air Transport Security Authority, 2017 CHRT 19
Hearing respecting assessment of potential security concerns through disclosure of CCTV footage at YYC – Minimal case law on s. 4.79(2) hearings – CCTV footage not covered under s 4.79(1) prohibition – Confidential hearing to be set down to review CCTV footage
- Judicial Review – Security Clearance Denial – Chambers v. Canada (Transports), 2017 FC 698
JR of decision to deny security clearance to YVR employee due to record of selling drugs to undercover police at YVR in 1992 – Conviction was successfully appealed, file closed and fingerprints destroyed in 1999 – Error in Law Enforcement Record Check [LERC] regarding time spent in jail on such charges – Granted, matter to be referred for re-determination with opportunity to file additional evidence
- Judicial Review – Security Clearance Revocation – Del Vecchio v. Canada (Attorney General), 2017 FC 696
Appeal of aircraft mechanic for cancellation of security clearance – Criminal record not disclosed and association with criminal organization through family member – Decision found to be reasonable, Applicant given opportunity to explain omission of criminal record details – Dismissed, Minister’s decision was reasonable, fair and fell within range of defensible outcomes
- Appeal – LOE and NEL denial – Decision No. 107/17, 2017 ONWSIAT 1347
Appeal of aircraft cleaner’s denial of LOE and NEL for knee injury – LOE allowed for specified period on appeal – No permanent injury found, NEL claim dismissed
- Class Action – Motion – Taillon c. Aimia Canada inc., 2017 QCCS 3310
Quebec class action motion for representation and penalty assessed for Airport Improvement Fees charged at specified Canadian airports when tickets obtained through Aeroplan Program – Allowed, $100 plus interest and additional allowance provided by law awarded to each class action member – Timeline for exclusions set down
- Class Action – Motion – Lamontagne c. Aimia Canada inc., 2017 QCCS 3311
Quebec class action motion for representation and penalty assessed for Airport Improvement Fees charged at specified foreign airports when tickets obtained through Aeroplan Program – Allowed, $100 plus interest and additional allowance provided by law awarded to each class action member – Timeline for exclusions set down
- Class Action – Motion – Taillon c. Aimia Canada inc., 2017 QCCS 3309
Quebec class action motion for representation and penalty assessed for fuel surcharge fees charged for flights operated by Air Canada, Air Canada Rouge or Air Canada Express when tickets obtained through Aeroplan Program – Allowed, $100 plus interest and additional allowance provided by law awarded to each class action member – Timeline for exclusions set down
- Pre-Judgment Seizure – Jurisdiction – Investissements Nolinor inc. c. Air Inuit Ltd., 2017 QCCS 3396
Contract to sell two aircraft disputed as completed or a promise to contract – Aircraft sold to second vendor and Noliner obtained a pre-judgment seizure order of said aircraft pending resolution – Tribunal found that Quebec was not the forum agreed by the parties therefore has no jurisdiction to deal with matter
- Appeal – LOE denial and CPD Benefits – Decision No. 920/17, 2017 ONWSIAT 2032
Supervisor of airport lounge appealing decision to deny LOE and Chronic Pain Disability benefits arising out of workplace injury – Allowed, LOE award to be based on 20 hrs due to suitable accommodation offered and entitlement to CPD assessment to replace 11% NEL award
CIRB DECISIONS
- Bargaining Unit Exclusions – Garda Security Screening Inc. – 2017 CIRB 856
Decision regarding exclusion of Check Point Managers (CPM) and Quality Leads (QL) in all employee bargaining unit at Winnipeg International Airport – CPM and QL found not to be managerial exclusions and are employees within the meaning of the Code
CANADIAN TRANSPORTATION AGENCY DECISIONS
- Application – Choice Aviation, LLC – Determination No. A-2017-107
Pursuant to subsection 73(2) of the Canada Transportation Act, S.C., 1996, c. 10, as amended
- Application – Sky One Holdings, LLC c.o.b. as Privaira – Order No. 2017-A-116
Exemption from section 103.3 of the Air Transportation Regulations, SOR/88-58, as amended
- Application – Shuttle America Corporation c.o.b. as United Express and as Delta Connection – Determination No. A-2017-108
Cancellation of Licence No. 050084
- Application – Air Canada also c.o.b. as Air Canada rouge and as Air Canada Cargo, on behalf of itself and Air Canada rouge LP, as represented by its general partner, Air Canada rouge General Partner Inc. – Determination No. A-2017-109
Pursuant to section 32 of the Canada Transportation Act, S.C., 1996, c. 10, as amended
- Application – Air Canada also c.o.b. as Air Canada rouge and Air Canada Cargo, on behalf of itself and Air Canada rouge LP, as represented by its general partner, Air Canada rouge General Partner Inc. – Determination No. A-2017-110
Pursuant to section 32 of the Canada Transportation Act, S.C., 1996, c. 10, as amended
- Suspension – Spirit Airlines, Inc. – Order No. 2017-A-114
Licence Nos. 967649 and 980126 – Reinstated effective July 25, 2017
- Suspension – Frontier Airlines, Inc. – Order No. 2017-A-115
Licence Nos. 060008 and 060009
- Suspension – Phelps Collins Aviation, Inc. c.o.b. as Aviation North – Order No. 2017-A-117
Licence No. 977148
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