August 29, 2017 – First Air and Canadian North cleared

TOP STORY

No evidence of anti-competitive acts between First Air and Canadian North: Competition Bureau

 

DECISIONS

  • Grievance – Innocent absenteeism – Air Canada v Unifor, Local 2002, 2017 CanLII 54142
    Union’s preliminary argument that Air Canada was precluded from termination employees for innocent absenteeism – No past practice of not terminating for innocent absenteeism found – Notice provided to Union during bargaining sufficient to bring alleged estoppel to an end in any case – Alleged breach of duty to accommodate does not preclude termination for innocent absenteeism, but rather a question to be determined through the grievance procedure – Issue of unvested benefits to be determined through the arbitration process – Air Canada not precluded to termination for innocent absenteeism, arbitration to proceed on the merits
  • Grievance – Termination – United Steelworkers, Local 4483 v IMP Aerostructures, 2016 CanLII 101376
    Employee terminated pursuant to attendance management policy for culpable absenteeism – Union argued employee’s absenteeism was disability-related – Accommodation request not put forward by employee or Union – Inquiry into accommodation needs not undertaken by Employer when it received a medical note referring to mental health issues – All parties failed to participate in accommodation process – Grievance allowed in part: employee reinstated without back pay or benefits but with seniority; employee still subject to AMP regarding culpable absenteeism; parties to investigate strategies to improve employee’s attendance; employee to follow medical program prescribed by personal physician
  • Passenger Claim – Delayed baggage – Stuckless and Legge v Air Canada, 2017 CanLII 53798
    Claim for damages for loss of enjoyment of vacation and lost time from work to attend court – Air Canada had already provided compensation for out of pocket expenses and excess baggage fee – Non pecuniary damages not recoverable under Montreal Convention – Claim for lost time form work to attend at court not recoverable under province’s Small Claims Rules – Dismissed with costs
  • Review Hearing – Refusal to issue aviation document – Guilbault v. Canada (Minister of Transport), [2017] C.T.A.T.D. No. 19
    Refusal to issue PPC due to failure to meet required standard – Flight test conducted fairly – Partial and Retest provision not available to applicant – Dismissed
  • Summary Judgement – Jurisdiction – 2Source Manufacturing Inc. v. United Technologies Corporation, 2017 ONSC 4409
    Applicant claimed defendant lead it to believe their supply agreement would be renewed – Supply agreement between parties provided for actions to be filed in New York court – Proceeding stayed
  • Appeal – Benefit Denial – Decision No. 2002/17,  2017 ONWSIAT 2351
    Appeal of lead station attendant for recurrence of workplace lower back injury and psychotraumatic disability – Allowed in part, benefits for recurrence approved, no benefits for psychotraumatic disability

 

CANADIAN TRANSPORTATION AGENCY DECISIONS

  • Application – Cat Aviation AGDetermination No. A-2017-126
    Pursuant to subsection 73(2) of the Canada Transportation Act, S.C., 1996, c. 10, as amended
  • Application – The Toronto Shuttle Inc.Determination No. A-2017-128
    Pursuant to subsection 73(1) of the Canada Transportation Act, S.C., 1996, c. 10, as amended
  • Application – FAI rent‑a‑jet Aktiengesellschaft c.o.b.as Flight Ambulance InternationalOrder No. 2017-A-126
    For exemptions from certain provisions of the Air Transportation Regulations, SOR/88-58, as amended
  • Application – FAI rent‑a‑jet Aktiengesellschaft c.o.b.as Flight Ambulance InternationalOrder No. 2017-A-125
    For 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 – FAI rent‑a‑jet Aktiengesellschaft c.o.b.as Flight Ambulance InternationalDetermination No. A-2017-125
    Pursuant to subsection 73(2) of the Canada Transportation Act, S.C., 1996, c. 10, as amended
  • Application – Cat Aviation AGOrder No. 2017-A-127
    For 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 – Cat Aviation AGOrder No. 2017-A-128
    For exemptions from certain provisions of the Air Transportation Regulations, SOR/88-58, as amended
  • Application – The Toronto Shuttle Inc.Determination No. A-2017-127
    Pursuant to section 61 of the Canada Transportation Act, S.C., 1996, c. 10, as amended
  • Suspension – JS Ventures, L.L.C.Order No. 2017-A-129
    Licence No. 120018

 

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