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Although an arbitration board determined that the grievor was dismissed by Air Canada without just cause, reinstatement was not a viable remedy due to an irreparable breakdown in the employment relationship. The parties could not agree, however, on whether the grievor was entitled to compensation in lieu of reinstatement calculated until the anticipated date of his retirement (Hay River model) or over a reasonable period (De Havilland model). Arbitrator Garzouzi ordered the parties to apply the De Havilland framework in their efforts to determine the monetary compensation required to make the grievor whole. She remitted the calculation to the parties, while remaining seized of the matter.
Decisions
Appeal, class action – Air Canada c. Davies, 2025 QCCA 1344
Class action alleging Air Canada breached contractual obligation to provide travel pass to retirees when it unilaterally changed the priority level of the passes – Superior Court rejected Air Canada’s application challenging Court’s jurisdiction over employees who were unionized prior to retirement – Air Canada appealed – Court found that issuance of travel pass to retired unionized employees falls under management rights even if passes are not specifically provided by the collective agreement – Court allowed appeal finding that grievance arbitrator has exclusive jurisdiction over members of the class that were unionized prior to retirement
Application, unfair labour practice – Canadian Airport Workers Union (CAWU) v CLS Catering Services Ltd., 2025 CanLII 107749 (ON LRB)
Application, displacement – Canadian Airport Workers Union (CAWU) v CLS Catering Services Ltd., 2025 CanLII 108299 (ON LRB)
CAWU applied to displace UFCW as bargaining agent for employees of employer at Toronto Airport – UFCW filed complaint of unfair labour practice against CAWU and employer – parties resolved unfair labour practice claim – CAWU certified to represent “all employees of CLS Catering Services Ltd., at Lester B. Pearson International Airport, in the City of Mississauga, save and except, office and clerical staff, supervisors, and persons above the rank of supervisor”
Compensation, boarding refusal – Guinoubi c. Deutsche Lufthansa Aktiengesellchaft / Lufthansa lignes aériennes allemandes, 2025 QCCQ 6044
Applicant mother and children were refused boarding for failure to provide COVID testing documentation – applicants were required to take tests at airport and rebooked later that day – when boarding their rebooked flight, applicants informed that test was not actually required – applicants seeking $9,729.08 monetary compensation and moral damages – Court found Montreal Convention and its 2-year limitation period did not apply since passengers were not in transit – Court found airline at fault for requiring tests that were not necessary at time of travel – Court also found applicant mother must bear some responsibility in that she knowingly travelled during a pandemic – Court awarded $3,529.08 including cost of COVID tests and $1,800 for damages
Compensation, cancelled flight – Paul v. WestJet Airlines Ltd., 2025 BCCRT 1429
Flight cancelled following strike notice by pilots – application for $1,000 compensation per passenger under APPR, as well as expenses and lost wages – Court stated that small claims cap applied on a per passenger basis and not as a group – Court found cancellation was due to labour disruption and therefore outside airline’s control – no entitlement to APPR compensation – Court further found that airline rebooked applicants on the next flights with available seats – no entitlement under Montreal Convention – application dismissed
Compensation, cancelled flight – Bruce v. Air Canada, 2025 BCCRT 1357
Flight delayed then cancelled due to issues with hydraulic landing gear – passenger rebooked the next day – application for $1,000 compensation under APPR – Court found flight was cancelled for safety purposes – Court declined to make findings about claim that airline breached APPR when it did not provide a full explanation of its refusal to provide compensation – no jurisdiction to administer penalties under the Canada Transportation Act – application dismissed
Compensation, delayed flight – McGregor v. WestJet Airlines Ltd., 2025 BCCRT 1458
Passengers delayed on both legs of their trip – Court stated that delay is calculated based on time of arrival at final destination, not time of departure – passengers arrived at final destination with a delay of less than 3 hours – no entitlement under Air Passenger Protection Regulations (“APPR”) for delays under 3 hours – application dismissed
CIRB Decisions
Bargaining unit order – Cougar Helicopters Inc. – Order No. 12126-U
Employer requested representation vote or oral hearing because prior application between same parties had been dismissed – Board did not find serious reasons to exercise discretion to order a vote – Board satisfied documentation before it sufficient to determiner the matter – Office and Professional Employees International Union certified to be bargaining agent for a unit comprising “all employees of Cougar Helicopters Inc. employed in the process of passenger check-in, ramp and security, traffic, and vessel facilitation, excluding managers, supervisors, those above the rank of supervisor and those already represented as part of another bargaining unit”
Bargaining unit order – Deer Lake Regional Airport Authority Inc. – Order No. 12128-U
Application to amend and update exclusion list – PSAC certified bargaining agent for a unit comprising “all employees of Deer Lake Regional Airport Authority Inc., excluding students employed on a casual basis; the president and chief executive officer; the executive assistant; the director of corporate services; the director of infrastructure and planning; the director of operations; and the manager of safety and security”
CTA News and Decisions
Application – Air Transat A.T. Inc. c.o.b. Air Transat – Determination No. A-2025-170
Application for licence to operate, through code sharing, a scheduled international service, large aircraft between Canada and the People’s Republic of Bangladesh – licence issued subject to conditions
Application – Air Transat A.T. Inc. c.o.b. Air Transat – Determination No. A-2025-171
Application for licence to operate, through code sharing, a scheduled international service, large aircraft between Canada and India – licence issued subject to conditions
Application – Air Transat A.T. Inc. c.o.b. Air Transat – Determination No. A-2025-172
Application for temporary licence to operate, through code sharing, an international air service on a scheduled basis, using large aircraft, between Canada and Lebanon – temporary licence issued until June 30, 2027, subject to conditions
Application – Air Transat A.T. Inc. c.o.b. Air Transat – Determination No. A-2025-173
Application for licence to operate, through code sharing, a scheduled international service, large aircraft, between Canada and the Democratic Republic of Sri Lanka – licence issued subject to conditions
Suspension – Hangar Acquisition Corp. c.o.b. Queen City Jet Charters – Order No. 2025-A-S-203
Licence 060003
Suspension – Richmor Aviation, Inc. – Order No. 2025-A-S-204
Licence 967343
TC/TSB News
- Airworthiness Directives
- Civil Aviation Safety Alerts
- TSB releases investigation report into near collision with terrain during an approach at Val-d’Or, Quebec
- TSB releases report into fatal aircraft collision with terrain in Haines Junction, Yukon
Industry Association News
- ACI – New global guidelines for airport development concession agreements amid record air travel growth
- CBAA – Your Weekly Bulletin – October 30, 2025
- COPA – COPA welcomes Stephen Hayward to Board of Directors
- COPA – Spooky places to fly
- IATA – 3.6% air passenger growth in September
- IATA – Air cargo demand up 2.9% in September, seventh straight month of growth
- IATA – IATA updates cargo and ground operations manuals
Union News
- CUPE – Conflict at Pascan Aviation: The employer never intended to bargain
- CUPE Air Canada Component – Support for Pascan Aviation flight attendants on strike
- IAMAW – Sage Parts members ratify a new three-year agreement
- IAMAW – Wasaya ground operations workers achieve gains in new 3-year contract
- PSAC – NAV CANADA bargaining: impasse declared
- Unifor – Porter Halifax workers vote 94% for first agreement
- Unifor 2002 – PASS District 266: Arbitrator rules in Union’s favour
Airport News
- 2025 is gearing up to be the ‘best winter ever’ for Kelowna International Airport
- Air Canada tells pilots to avoid Winnipeg, Kelowna during airport tower staff shortages
- Airport Management Council of Ontario concerned about possible divestiture of Kirkland Lake airport
- From runways to revenue: Halifax Stanfield strengthens Nova Scotia’s economy
- Inuvik Airport paving faces delays due to permafrost conditions
- Niagara District Airport unveils new 20-year Master Plan
- Toronto Pearson announces innovation pilots with DMZ, Creative Destruction Lab
- YEG achieves Level 3 in Airport Carbon Accreditation, underscoring carbon management commitment
Rotary Operator News
- Airbus expands capacity at Fort Erie helicopter facility
- Helicopter rides and tours offered at Cambridge open house event
- Horizon Aircraft awarded INSAT grant to help fund $10.5 million all-weather eVTOL project
- SKYTRAC expands connectivity leadership with the addition of Honeywell’s Sky Connect product line
- Volatus Aerospace acquires strategic dual-use UAS technology to support Canada’s sovereign capability and allied defense requirements worldwide
General Aviation News
- Airbus dials back A220 ramp-up target
- Air Canada named North American Winner for Employee Experience Strategy at the Customer Centricity World Series Awards
- Air Canada opens applications for women in aviation scholarship
- Cargojet expands its brand to Europe
- Diamond Aircraft DA50 RG receives Transport Canada certification
- Flair Airlines unveils ticket resale plan in a first for North America
- Flight Club app fosters general aviation ‘community’ in North America
- Greenland officials find crash site of plane that went missing after leaving Labrador
- How a Canadian pilot’s viral Blue Jays tributes highlight an historic World Series run
- Industry Minister Mélanie Joly speaks at Aerospace Summit
- Land of living skies first provincial aviation strategy released
- NAV CANADA reports September 2025 traffic figure
- Onex partners eyes IPO for WestJet
- Strix launches third wave of projects
- This airline flies the world’s oldest active aircraft
