September 19, 2017 – Patently unreasonable decision based on residency
TOP STORY
Air Canada v Workers’ Compensation Appeal Tribunal, 2017 BCSC 1609
Judicial Review – Residency
Flight attendant denied WCB benefits due to workplace injury which occurred outside province due to her residency in Manitoba and not BC – Decision found to be patently unreasonable as literal application used by WCAT results in different outcomes for flight attendants enduring same injury on same flight based on their place of residence – Decision quashed and remitted to WCAT for rehearing
DECISIONS
- Appeal – Class Action Certification – Simsek v. United Airlines, Inc., 2017 BCCA 316
Appeal of refusal to certify class action over fuel surcharge – Upheld, no common issue identified appropriate to class proceedings - Motion to Stay – Jurisdiction – 744185 Ontario Incorporated v. Canada (Transport), 2017 FC 764
Motion to determine jurisdiction of Court related to indemnity and negligence claims involving an airport – Dismissed, action arises from lease and obligations under the Airport Transfer Agreements over which Court has jurisdiction - Human Rights – Discrimination – Parsons v. Westjet Airlines, 2017 HRTO 1160
Tribunal issued Notice of Intent to Dismiss (NOID) for incomplete application – Claimant given three extensions to file additional materials in response to NOID, did not – Application deemed abandoned and dismissed - Appeal – Denial of LOE – Decision No. 1307/17, 2017 ONWSIAT 1886
Baggage handler denied LOE for period as accommodated duties were available that fit medical restrictions – Accommodated duties were not reasonable, employee could not be expected to drive fuel trucks while on narcotic medications – LOE awarded in full - Appeal – Denial of NEL assessment for psychotraumatic disability – Decision No. 2638/17, 2017 ONWSIAT 2686
Aircraft mechanic injured knee diagnosed with Adjustment Disorder with Mixed Anxiety and Depressed Mood during retraining – Employee suffered numerous life stressors during same period and workplace injury – Medical evidence did not support workplace injury as significant contributor to ongoing psychological issues – Denied - Interlocutory Injunction – Reasons – AirTime Express Inc. v. Teamsters Local Union No. 419, 2017 ONSC 5401
Reasons for September 11, 2017 interlocutory injunction endorsement regarding picketing of striking workers at YYZ - Human Rights – Motion to Dismiss – Bailie et al. v. Air Canada and Air Canada Pilots Association, 2017 CHRT 22
Motion to dismiss the complaint regarding the mandatory retirement age for pilots as abuse of process – Two distinct groups found within complainants – Group of pilots that reached 60 after January 1, 2010 have not been allowed to present evidence of average age of retirement as other actions only dealt with pilots who reached 60 prior to 2010 – Hearing granted on motion to dismiss for pilots reaching 60 in 2010 or later, dismissal granted on pilots aged 60 prior to December 31, 2009 - Application – Passenger Claim – Lapointe c. Delta Airlines, 2017 QCCQ 9585
Claim for $2300 for failing to advise passenger until check in that dog was not allowed to board plane – Passenger confirmed flight details, presence of dog and return flight 72 hours prior to departure yet was not informed of change in animal transport policy – Application granted, awarded $1750
CANADIAN TRANSPORTATION AGENCY DECISIONS
- Application – Skyline Helicopters Ltd. – Determination No. A-2017-140
Pursuant to subsection 73(1) of the Canada Transportation Act, S.C., 1996, c. 10, as amended - Application – Chrono Jet inc. – Determination No. A-2017-139
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 International – Order No. 2017-A-141
Exemption from subsection 84(2) of the Canada Transportation Act, S.C., 1996, c. 10, as amended - Application – Thunderbird Airways Inc. – Order No. 2017-A-143
Exemption from section 103.3 of the Air Transportation Regulations, SOR/88-58, as amended - Application – Chartright Air Inc. c.o.b. as Chartright Air Group, as Chartright Executive Helicopters and as Chartright – Order No. 2017-A-142
Exemptions from paragraphs 33.1(b) and 73(2)(c) and sections 33.2 and 103.3 of the Air Transportation Regulations, SOR/88-58, as amended - Application – Exclusive Jets, LLC c.o.b. as Fly Exclusive – Determination No. A-2017-141
Pursuant to subsection 73(2) of the Canada Transportation Act, S.C., 1996, c. 10, as amended - Suspension – Sasair Inc. c.o.b. as Service aérien du Saint-Laurent – Order No. 2017-A-140
Licence Nos. 050030 and 050031 - Suspension – 3D Helicopters Inc. – Order No. 2017-A-144
Licence No. 100106
TC/TSB NEWS
- A fluid contaminant spill on electronic components led to May 2016 in-flight avionics compartment fire
- Speaking notes for the Honourable Marc Garneau, Minister of Transport Bill C-49 Transportation Modernization Act House of Commons’ Committee on Transportation, Infrastructure and Communities
- MMEL
INDUSTRY ASSOCIATION NEWS
- CBAA: 2017 Compensation Survey Summary Observations
- CCAA: The Honourable Minister Hajdu announces 4.8 M federal funding for CCAA in support of work-integrated-learning in high-demand STEM occupations in aviation & aerospace
- COPA: TC recency seminars
- ICAO: 2018 opportunities for young aviation professionals
UNION NEWS
- ALPA: WestJet pilots make history: begin negotiations for airline’s first-ever collective agreement
- IAMAW: IAM joins rally to protest Boeing court battle with Bombardier
- IAMAW: Aerospace jobs threatened: Machinists take to the streets to sound the alarm!
- UNIFOR: Envoy Air – Unifor local 2002 files for conciliation
AVIATION MEDIA
- Aéro Montréal strengthens its international positioning
- Air Canada announces appointment of Catherine Dyer as Chief Information Officer
- Air Canada announces new appointment to its Board of Directors
- Air Canada concludes “win-win” amendments to long-term collective agreement with pilots
- Air Canada provides further details on amendments to long-term collective agreement with pilots
- AirStart once again lands on the 2017 PROFIT 500 ranking of Canada’s Fastest-Growing Companies
- ‘A rebellion against high fares’: new low cost airline launching in Hamilton
- B.C. court overturns denial of Air Canada flight attendant’s benefits after scary incident
- Bombardier applauds UK intervention in Boeing subsidy dispute
- Bombardier commercial aircraft’s new 20-year 2017-2036 market forecast shows strong opportunities for the 60- to 150- seat segment
- Canada Jetlines launches low-fare ‘rebellion’
- Canadian airlines to suffer financial hit due to Hurricane Irma
- Celebrating the legacy of Bandage 1
- Coastal Pacific Aviation joins Air Georgian’s SOAR program
- Family forced to pay extra $4,000 for new tickets after Air Canada bars them from flight
- Flair Airlines expands to Toronto, Vancouver and Kelowna; names Edmonton main transfer hub
- Glycol recycling facility opens at Calgary International Airport
- ‘It’s like a freight train’: Residents of rural N.S. community upset with helicopter noise
- Liberals not picking on airlines with passenger bill of rights: Garneau
- Nunavut government mulls new approach to $60M air travel budget
- Proposed transport plan will lower flying costs, expand air service: Garneau
- RCMP investigating near-crash between plane and drone near Goose Bay Airport
- Regina Airport Authority planning for more expansion in next decades
- Richmond and YVR’s relationship hits turbulence over zoning dispute
- Thunder Bay Airport hosting live training exercise on Thursday
- Transat calls on government to remove joint venture provision from Bill C-49
- Transportation Modernization Act – Transat calls for stricter provisions regarding airline joint ventures, so as to maintain healthy competition
- U.K. joins Canada to tackle Bombardier-Boeing spat
- Unifor to meet with Boeing on Bombardier dispute