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Canada (Transport) v. Canadian Union of Public Employees, 2017 FCA 164
Appeal of Judicial Review – Minister appealed granting of judicial review of ministerial approval for Sunwing to change emergency procedures in Flight Attendant Manual – Standard of reasonableness – Risk assessment required to support requested change cursory and not provided to Safety Inspector – No analysis or reasons given by Safety Inspector – No evidentiary basis that safety was not compromised by requested change – No reasonable basis for Safety Inspector decision – Dismissed with costs of $3,000
Decision appealed: – Canadian Union of Public Employees v. Canada (Transport), 2016 FC 120
DECISIONS
- Claim – Unjust Dismissal – Bilesky v. Fox Flight Inc., [2017] C.L.A.D. No. 151
Director of Maintenance terminated shortly after submitting overtime claim under Canada Labour Code (CLC) – Overtime claim dismissed on basis that employee exercised managerial functions – Unjust dismissal complaint heard together with appeal of decision on overtime claim – Jurisdictional determination of whether employee was a “manager” under CLC – Employee recognized by Transport Canada as person responsible for maintenance of an Approved Maintenance Organization – Managerial autonomy not compromised by tightly regulated environment – Compensation and hours of work also indicative of managerial functions – Employee found to be a manager therefore excluded from unjust dismissal and overtime provisions of CLC – Dismissed on jurisdictional grounds - Claim – Procurement – Definition of “Canadian Supplier” – Leonardo S.p.A. v. Department of Public Works and Government Services, [2017] C.I.T.T. No. 65
Complainant alleged PWGSC contract for fixed-wing search and rescue aircrafts was awarded to Airbus in breach of evaluation criteria and of Agreement on Internal Trade (AIT) – PWGSC and Airbus argued Leonardo did not have standing to bring complaint under AIT – Determination of whether Leonardo has a place of business in Canada to qualify as a “Canadian supplier” – Complainant’s bid included several sub-contractors some of which were wholly owned subsidiaries with offices in Canada – AIT a domestic trade agreement and transaction between PWGSC and Complainant would be international trade – Complainant did not have standing to pursue complaint under AIT – Dismissed without costs - Rights under easement – Fredericton International Airport Authority Inc. v. O’Toole, 2017 NBQB 125
Airport granted easement by Defendant with right to remove any natural growth so as not to penetrate into the approach surface – Easement incorporated definition of approach surface as horizontal line with 2% slope – Airport purported to cut below 2% slope to ensure compliance for the following 2 years – Unambiguous language of easement – Airport allowed to cut growth to 2% slope but no lower - Claim – Profit sharing – Behuncik v Kooiman, 2017 ABQB 483
Parties jointly designed, developed and sold innovations for Rotorway helicopters and eventually sold the intellectual property and remaining stock – Issue arose as to the net profit realized over the seven years the parties were in business – Complainant entitled to $204,946.24
CANADIAN TRANSPORTATION AGENCY DECISIONS
- Application – Gulf & Caribbean Cargo, Inc. c.o.b. as Gulf & Caribbean Air and as IFL Group – Order No. 2017-A-121
Exemptions from the application of paragraph 33.1(b), section 33.2 and subsection 34(1) of the Air Transportation Regulations, SOR/88‑58, as amended - Application – Comlux Aruba N.V. – Order No. 2017-A-120
Exemptions from paragraph 33.1(b), subparagraph 73(2)(c)(i) and section 33.2 of the Air Transportation Regulations, SOR/88-58, as amended - Application – “Airline” “Ukraine-AirAlliance” Private Joint Stock Company c.o.b. as PJSC “UAA” – Order No. 2017-A-122
Exemptions from certain provisions of the Air Transportation Regulations, SOR/88-58, as amended - Application – Société Air France c.o.b. as Air France – Determination No. A-2017-121
Pursuant to subsection 78(2) and 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 – Aerovias de Mexico S.A. de C.V. c.o.b. as AeroMexico and El Al Israel Airlines Ltd. – Determination No. A-2017-120
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 – Wing Aviation Charter Services LLC of Houston, Texas, United States of America – Determination No. A-2017-119
Pursuant to subsection 73(2) of the Canada Transportation Act, S.C., 1996, c. 10, as amended - Application – Air 7, LLC of Arlington, Texas, United States of America – Determination No. A-2017-118
Pursuant to subsection 73(2) of the Canada Transportation Act, S.C., 1996, c. 10, as amended - Application – “Airline” “Ukraine-AirAlliance” Private Joint Stock Company c.o.b. as PJSC “UAA” – Determination No. A-2017-117
Pursuant to subsection 73(2) of the Canada Transportation Act, S.C., 1996, c. 10, as amended - Letter Decision – Air Transat A.T. Inc. c.o.b. as Air Transat – Letter Decision No. LET-A-49-2017
Tarmac delays
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AVIATION MEDIA
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- ‘Critical’ evidence in near air-disaster at SFO erased
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- Gathering of the Classics set for this weekend
- Iqaluit’s new $300M airport opens today
- Longer wait times expected at Winnipeg Airport Saturday as Canada Summer Games turnover
- Man charged after laser pointed at Edmonton police helicopter
- NAV CANADA to refund $60 million to customers and reduce base rates
- No guarantee WestJet’s ultra-low-cost carrier will be based in Calgary
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- Ottawa Airport Authority offers full support to Canadian Transportation Agency Inquiry into diversions of Air Transat flights TS157 and TS507
- Ottawa gets an earful on proposed expansion of U.S. border pre-clearance powers
- Pilot dies in crash of crop-dusting plane in northern Alberta
- Porter customers complain airline plagued by cancellations
- Rash of Pearson runway incidents worries safety board
- Recruitment a key concern for Canadian aerospace executives
- Singapore Airlines and CAE to establish flight training centre in Singapore
- Ten injured in turbulence on American Airlines flight
- Union blames labour dispute after planes clip wings
- Union says ‘strong-arm tactics’ won’t discourage striking workers at Winnipeg airport
- WestJet ending non-stop flight from P.E.I. to Orlando
- WestJet named one of Canada’s best places to work
- Winnipeg Airports Authority wins court injunction against striking workers