New
The Manitoba Court of Appeal decision released applying American and Quebec appellate decisions that a claim for general damages cannot be sustained under the Montreal Convention.
View the decision
The Manitoba Court of Appeal overturns the criminal negligence convictions of pilot.
View the decision
Submissions
Bill C-310 - Air Passengers' Bill of Rights
On November 23, 2009 the Standing Committee on Transport recommended that the House of Commons not proceed further with Bill C-310 (Air Passengers’ Bill of Rights) because (1) it makes air carriers exclusively responsible for passenger inconveniences, and (2) it fails to address the responsibility of all other parties involved in the provision of air transportation services in Canada.
In its submission to the Standing Committee on Transport, the National Air and Space Section of the Canadian Bar Association recommended that Bill C-310 not be passed, particularly because (1) it duplicates existing federal regulatory schemes; (2) it imposes standards of conduct that in many cases would be unrealistic or impossible to fulfill; (3) it requires the payment of fixed compensation without a requirement of corresponding damages; and (4) it denies due process and fairness by imposing fixed penalties on air carriers regardless of circumstances and without incorporating principles of mitigation and due diligence.
View the submission
View the report of the Standing Committee on Transport, Infrastructure and Communities
Damage Arising from Unlawful Interference with Aircraft: Letter to Justice Canada
Member Resources
Teleconference on Aviation Finance: The Cape Town Convention and the Coming Changes to the Law of Aircraft Financing and Security Interests
Teleconference recording and slides. (With CBA member number)
Updated Links of Interest - Regulatory and Administrative Practice
Visit our Links of Interest to view the newly expanded links for Regulatory and Administrative Practice.
The Section is regularly updating and adding links. If you are aware of contacts that would be helpful, please forward these to the National Air and Space Section.
|
