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June 27, 2018 – ATAC Asks Garneau to Align Canadian Flight and Duty Times with U.S. Regulations

| June 27, 2018

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ATAC Asks Garneau to Align Canadian Flight and Duty Times with U.S. Regulations

 

DECISIONS

  • Application – Costs – Pacific Aviation Academy of British Columbia v Hassan, 2018 BCSC 979
    Judicial review decision had set aside judgement in default and referred action back to Provincial Court, with costs for the petitioners – Respondent argued costs should be awarded to successful party at Provincial Court – No reason to divert from established practice to award cost to successful party – Respondents awarded costs on application in addition to those on judicial review
    Judicial review decision: Pacific Aviation Academy of British Columbia v Hassan, 2017 BCSC 1259
  • Small Claims – Passenger Complaint – Herbert c. Air Canada, 2018 QCCQ 3310
    Passenger claimed $14,911.59 damages for mishandling of bicycle box delivered 17 days late, forcing passenger to postpone cycling tour – Air Canada admitted to liability for delay and loss of baggage but limited to out-of-pocket expenses, offering $1,425.50 – Amounts claimed subject to Montreal Convention and proper evidence – Loss of enjoyment of vacation time not excluded by Article 29 of Montreal Convention – Total proven compensable damages amounted to $4,913.10 but limited to $2,273.33 under Montreal Convention, no evidence of intentional or reckless conduct to justify not applying the limitation of liability – Air Canada also liable for loss of baggage items to $531.99
  • Review – Monetary Penalties – Orca Airways Ltd. v. Canada (Minister of Transport), [2017] C.T.A.T.D. No. 32
    Applicant sought review of notice of defective equipment and $20,000 penalties issued by Minister of Transport – Applicant found in breach of the Aeronautics Act and Canadian Aviation Regulations – Applicant’s attitude cavalier toward process rather than safety – Total monetary penalties reduced from $20,000 to $14,000
  • Appeal – Permanent Impairment – Decision No. 1525/18, 2018 ONWSIAT 1746
    Worker injured when trolley he was pushing tipped over onto worker’s foot – Worker claimed prior lower back injury aggravated by foot injury – Case Manager denied ongoing entitlement for permanent impairment from foot injury, as well as secondary entitlement for back injury, confirmed on appeal – No evidence of ongoing organic injury in foot or significant deterioration of pre-existing back condition – Denied
  • Grievance – Termination – Preliminary Objection – Sunwing Airlines Inc. and CUPE, Local 4055 (Carrasqueiras), Re, 2018 CarswellOnt 9136
    Preliminary Objection – Termination was untimely – Dismissed

 

CIRB DECISIONS

  • Certification – Allied Aviation Fueling of Toronto ULC – Order No.: 11286-U
    IAMAW – all fueling maintenance personnel of Allied Aviation Fueling (Toronto) working at YYZ, excluding supervisors and those above rank of supervisor
  • Reasons for Decision – Innotech Aviation Limited – 2017 CIRB 862
    Interim Order to suspend raid period – Dismissed

 

CANADIAN TRANSPORTATION AGENCY DECISIONS

  • Application – Swoop Inc. c.o.b. Swoop – Determination No. A-2018-141
    Pursuant to section 61 of the Canada Transportation Act, S.C., 1996, c. 10, as amended
  • Application – Swoop Inc. c.o.b. Swoop – Determination No. A-2018-140
    Pursuant to subsection 73(1) of the Canada Transportation Act, S.C., 1996, c. 10, as amended
  • Application – Air Labrador Ltd. c.o.b. Air Labrador – Determination No. A-2018-139
    Cancellation of Licence No. 100105
  • Application – Gemini Heli Ltd. – Determination No. A-2018-135
    Pursuant to section 61 of the Canada Transportation Act, S.C., 1996, c. 10, as amended
  • Application – Minipi Aviation Ltd. – Determination No. A-2018-137
    Continue the suspension of Licence No. 050072
  • Application – Binter Canarias, SA c.o.b. Binter Canarias – Determination No. A-2018-136
    Pursuant to subsection 69(1) of the Canada Transportation Act, S.C., 1996, c. 10, as amended
  • Application – DC Aviation – Order No. 2018-A-108
    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 – Kalinin Aviation, LLC c.o.b. Alaska Seaplanes – Order No. A-2018-130
    Pursuant to subsection 69(1) of the Canada Transportation Act, S.C., 1996, c. 10, as amended
  • Application – White River Helicopters Inc. – Determination No. A-2018-128
    Cancellation of License no. 962207
  • Application– Oak Air, Ltd. – Order No. 2018-A-107
    Exemption from section 103.3 Air Transportation Regulations, SOR/88-58, as amended
  • Application – Air Direct – Determination No. A-2018-129
    Suspension of Licensee no. 050027
  • Application – Anderson Aviation (2002) Ltd. – Determination No. A-2018-131
    Suspension of License No. 030164
  • Suspension – Francois Paquin c.o.b. Paquin Aviation Enr. – Order No. 2018-A-110
    License No. 962305
  • Suspension – Niagara Falls Air Tours Inc. – Order No. 2018-A-109
    License no. 150066

 

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