Supreme Court to hear appeal from airlines on air passenger rights compensation

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Supreme Court to hear appeal from airlines on air passenger rights compensation

DECISIONS

Leave, appeal – International Air Transport Association, et al. v. Canadian Transportation Agency, et al., 2023 CanLII 74433 (SCC)

Application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-311-19, 2022 FCA 211, dated December 6, 2022 – application granted with costs in the cause

Appeal, dismissal of action – Berenguer v. Sata Internacional – Azores Airlines, S.A., 2023 FCA 176

Appeal of dismissal of action – appellant commenced a proposed class action in Federal Court seeking relief for herself and other passengers of a Portuguese airline who experienced flight delays on flights to or from Canada – appellant alleged entitlement to compensation based on the contract of carriage – action dismissed on the basis of preliminary motions – Federal Court erred in concluding that it was plain and obvious that the pleading did not disclose a reasonable cause of action – Federal Court did not err in concluding that the requirements for certification were not satisfied – appeal allowed – Federal Court’s order set aside to the extent that it struck out the amended statement of claim

CIRB DECISIONS

Bargaining unit order – WestJet, an Alberta Partnership – Order No. 11833-U

Joint application for consolidation of two Unifor bargaining units into a single bargaining unit – Unifor certified to be bargaining agent for a consolidated unit comprising “all employees of WestJet, an Alberta Partnership, employed in guest services at the Calgary International Airport terminal, the Vancouver International Airport terminal and the Toronto Pearson International Airport terminal, excluding managers, persons above the rank of manager, employee support advisors, administrative office employees and persons covered by an existing certification order” – parties directed to conclude and implement a single collective agreement applicable to the consolidated bargaining unit as soon as possible

Bargaining unit order – WestJet, an Alberta Partnership – Order No. 11834-U

Application for certification by Aircraft Mechanics Fraternal Association (AMFA) – following issuance of interim order no. 11807-U, CIRB determined that the position of senior fleet engineer should be included in the bargaining unit – AMFA certified to be bargaining agent for a unit comprising “all employees of WestJet, an Alberta Partnership, integral to the coordination and performance of aircraft maintenance, including aircraft maintenance engineers (AME), apprentice AMEs, aircraft maintenance leads (AML), avionics technicians (AVT), apprentice AVTs, inspector crew leads (ICL), structures AMEs, apprentice structures AMEs, maintenance planners, day-of operations planners, technicians furnishing, apprentice technicians furnishing, maintenance controllers, senior specialists configuration control, fleet engineers, senior fleet engineers, instructors technical, senior instructors technical, technical representatives and senior specialists technical services, excluding receiving inspectors, lead receiving inspectors, maintenance auditors, quality assurance auditors, GSE positions, management coordinators and positions above”

CTA DECISIONS

Suspension – SriLankan Airlines Limited c.o.b. SriLankan Airlines – Order No. 2023-A-S-190

License no. 170014

Application – AIRSASK AVIATION LTD. c.o.b. AIRSASK 20/20 – Determination No. A-2023-164

Application for license to operate a non-scheduled international service, small aircraft, to transport traffic on a charter basis between Canada and any other country – license issued, subject to conditions

Consumer Complaint – Edouard Emile Fournier against Aerovias de Mexico S.A. de C.V. (AeroMexico) – Decision No. 125-C-A-2023

Complaint regarding denial of boarding – applicant purchased round-trip ticket for travel from Montréal, Quebec, to Guatemala City, Guatemala, via Mexico City, Mexico – applicant claimed respondent denied him boarding because flight was overbooked – respondent provided applicant with alternative travel arrangements and a travel credit in the amount of USD $500 – applicant seeking additional compensation of CAD $2,400 for denied boarding under the Air Passenger Protection Regulations – respondent did not file an answer to application – no evidence to demonstrate that denial of boarding was outside the respondent’s control or required for safety purposes – applicant arrived at destination with a delay of 8 hours 29 minutes – compensation ordered