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| June 27, 2017
TOP STORY
DECISIONS
- Grievance – Bullying/Harassment – Unite Here, Local 40 v Host International Canada, Ltd., 2017 CanLII 37195
Policy grievance over bullying and harassment of servers at YVR restaurant – Employer preliminary objections – Objections partially upheld, Arbitrator invited further particulars from both parties and remedies sought by Union
- Complaint (s. 240) – Wrongful Dismissal – Buchan v Thunder Airlines Limited, 2017 CanLII 38554
Employee misrepresentation – Misconduct – Employee failed to file proper CRA documents resulting in penalties and assessment for Employer – Time to examine misconduct did not amount to condonation of same – Complaint dismissed
- Judicial Review – Penalty – Canada (Attorney General) v. Friesen, 2017 FC 567
Helicopter pilot fined $1000 for stunt sliding helicopter between hockey players on lake – Errors found in both standard of review and treatment of expert evidence – Application granted, referred back to TATC for reconsideration by another Appeal Panel
- Motion – Arbitration award – Government of The Dominican Republic c. Geci Española, 2017 QCCS 2619
Motion by both parties to either annul or homologate arbitration decision – Arbitration dispute arising out of contract for production and installation of air traffic control system – Arbitration award homologated
- Application – OHSC decision – Jazz Aviation, 2017 QCTAT 2722
Injury of 64 year old baggage attendant – Determination of pre-existing defect influencing workplace fall injuries – Pre-existing condition unproven – Dismissed, cost of benefits related to worker’s injury to be charged to Jazz Aviation LP
CANADIAN TRANSPORTATION AGENCY DECISIONS
- Application – Flexjet, LLC c.o.b. as Jet Solutions L.L.C. – Order No. 2017-A-104
Exemption from section 103.3 of the Air Transportation Regulations, SOR/88-58, as amended
- Application – Premier Air, Inc. c.o.b. as Premier Private Jets – Determination No. A-2017-80
Pursuant to subsection 73(2) of the Canada Transportation Act, S.C., 1996, c. 10, as amended
- Application – Middle East Airlines Airliban S.A.L. – Determination No. A-2017-79
Pursuant to subsection 78(2) of the Canada Transportation Act, S.C., 1996, c. 10, as amended
- Application – Bradley Air Services Limited also c.o.b. as, among others, First Air, on behalf of itself and Lynden Air Cargo, LLC c.o.b. as Lynden Air Cargo and as Loken Aviation – Determination No. A-2017-81
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 – Aero-Tech Services, Inc. – Determination No. A-2017-82
Pursuant to subsection 73(2) of the Canada Transportation Act, S.C., 1996, c. 10, as amended
- Application – Air Canada also c.o.b. as Air Canada rouge, on behalf of itself and Deutsche Lufthansa Aktiengesellschaft – Determination No. A-2017-83
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 – ASI Charter, Inc. – Order No. 2017-A-105
Licence No. 961007
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