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January 3, 2017 – Pilot demotion not constructive dismissal

| January 3, 2017

DECISIONS

  • Motion – Security – Kelowna Flightcraft Air Charter Ltd. v Kales Group BV, 2016 ONSC 8015
    Airfreight services provided – Notice to terminate contract and withhold payment – No right to specific fund – Matter is simple Claim/Counterclaim without need for security – Dismissed
  • Employment – Wrongful Dismissal – Parker and Trans North Turbo Air Ltd., Re, 2016 CarswellNat 6708
    Helicopter instructor/ pilot – Removed from Base Manager role due to request for leave – Pilot acquiesced to new position – Employee not constructively dismissed
  • Appeal – Workplace Injury – Decision No. 2018/16, 2016 CarswellOnt 20205
    Airline customer service agent with knee injury appealing workplace injury claim denial – Injury mechanism was not a significant contributing factor – Appeal denied
  • Scheduling Order – Commissioner of Competition v. Vancouver Airport Authority, 2016 CarswellNat 6808
    Setting down schedule of timelines and locations of application motions, discoveries, etc.

 

CANADIAN TRANSPORTATION AGENCY DECISIONS

  • Application – Jeffrey Lucas, Lucia Neda and Angela Neda against British Airways Plc c.o.b. as British Airways – Decision No. 373-C-A-2016
    Consumer complaint regarding cancelled tickets
  • Application – Beijing Capital Airlines Co., Ltd. c.o.b. as Beijing Capital Airlines and as Capital Airlines, on behalf of itself and Hainan Airlines Company Limited – Decision No. 377-A-2016
    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 – SATA Internacional – Serviços e Transportes Aéreos, S.A., on behalf of itself and Transportes Aéros Portugueses, S.A. c.o.b. as TAP, S.A., TAP-Air Portugal, Air Portugal and TAP – Decision No. 380-A-2016
    Pursuant to section 60 of the Canada Transportation Act, S.C., 1996, c.10, as amended (CTA), and section 8.2 of the Air Transportation Regulations, SOR/88-58, as amended
  • Application – Yangtze River Express Airlines Co., Ltd. c.o.b. as Yangtze River – Order No. 2016-A-219
    Exemptions from the application of certain provisions of the Air Transportation Regulations, SOR/88-58, as amended
  • Application – Yangtze River Express Airlines Co., Ltd. c.o.b. as Yangtze River – Decision No. 383-A-2016
    Pursuant to subsection 73(2) of the Canada Transportation Act, S.C., 1996, c.10, as amended
  • Application – Mountain Aviation, Inc. of Broomfield, Colorado, United States of America – Decision No. 382-A-2016
    Pursuant to subsection 73(2) of the Canada Transportation Act, S.C., 1996, c.10, as amended
  • Application – Swift Air L.L.C. c.o.b. as Swift Air – Decision No. 384-A-2016
    To operate one Canadian originating entity passenger charter flight from Hamilton, Ontario, Canada to Nassau, Bahamas, departing December 26, 2016 and returning January 2, 2017, using a Boeing 737-300/110 seat aircraft (12 seats in first class and 98 seats in economy class), on behalf of Air Charter Service (Canada) Corp. acting as an agent for its client.

 

TC/TSB NEWS

 

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