Echo Hotel Aviation Law Briefings

This weekly briefing series outlines recent decisions and news that affect the aviation sector.

The articles listed below are intended to provide readers with general information. They should not be regarded or relied upon as legal advice or opinion.

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December 5, 2017 – CTA Rules on Tarmac Delays

December 8, 2017

TOP STORY Canadian Transportation Agency issues determination in Air Transat inquiry – Air carrier to pay $295,000 penalty for delay of flights 157 and 507   DECISIONS Appeal – Occupation Noise Induced Hearing Loss – 2017-0627 (Re), 2017 CanLII 80011 Appeal of denial of benefits due to noise levels obtained by WCB audiologist – Found noise levels obtained were not accurate or sufficient to base decision upon – Asymmetrical hearing loss consistent with requirement to remove one headphone to permit cockpit conversation – Appeal granted Grievance – Letter of Reprimand – Air Canada v Unifor Local 2002, 2017 CanLII 80436…

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November 28, 2017 – When is a Director not a Manager?

November 28, 2017

TOP STORY Taylor and Avmax Aircraft Leasing Inc., Re, 2017 CarswellNat 6312 Unjust Dismissal – Manager Director of Sales and Marketing claim for unjust dismissal – Managerial title does not equate to managerial positions – Employee did not have actual approval for autonomous actions – Additional approval required for budgets, purchases, raises for his sales group, new hires, etc. – Employee found to be akin to supervisor and not a managerial exemption under CLC   DECISIONS Appeal – LOE Denial – Decision No. 1722/17, 2017 ONWSIAT 2799 Airline stock keeper knee meniscal tear and ruptured cyst – Injury compensable but not…

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November 21, 2017 – ORNGE cleared of CLC violations

November 22, 2017

TOP STORY Ornge found not guilty in Labour Code trial   DECISIONS Reasons – Canada Labour Code violations – R. v. 7506406 Canada Inc. (Ornge), 2017 ONCJ 750 Employee safety failings resulting in death – Failure to provide night vision goggles and removal of Base Manager contributing factors to accident – Not guilty Judicial Review – Motion to Strike – Air Transat AT Inc. c. Canada (Transportation), 2017 CF 910 Information disclosure – Trade secrets – Confidential – Access – Judicial Review allowed Patent Infringement – Damages – Airbus Helicopters, S.A.S. v. Bell Helicopter Texteron Canada Ltée, [2017] F.C.J. No….

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November 14, 2017 – EH Updates ATAC’s Annual Conference

November 14, 2017

TOP STORY EH Updates ATAC’s Annual Conference Marijuana and aviation, fitness to fly, instructor-student relationship, instructors leaving without notice, aviation case law update, legislative update   DECISIONS Application – Stay of Directions – Cameron Air Service Ltd., 2017 OHSTC 20 Request for Stay of Directions for noise level testing – Pilots already wearing noise cancelling headphones, request to adopt headphones as requirement in lieu of noise testing – Requirement for testing allows workplace specific hearing conservation process – Testing of actual noise levels required – Application dismissed CANADIAN TRANSPORTATION AGENCY DECISIONS Application – Clearwater Fine Foods Incorporated – Determination…

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November 7, 2017 – TSB Recommends Random Drug Testing

November 8, 2017

TSB recommends substance abuse program following fatal 2015 in-flight breakup north of Vancouver, British Columbia   DECISIONS Judicial Review – Security Clearance – Laframboise v. Canada (Attorney General), 2017 FC 832 Airport employee denied RAIC card and security clearance revoked when LERC detailed acts of theft from former employer – Finding of theft based on LERC report unreasonably used to support decision in light of Employer reference – Decision found to be unreasonable, referred back for reconsideration   CANADIAN TRANSPORTATION AGENCY DECISIONS Application – DuPage Aerospace Corporation – Determination No. A-2017-175 Pursuant to subsection 73(2) of the Canada Transportation Act, S.C.,…

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October 31, 2017 – SOAR expands again

October 31, 2017

TOP STORY Montair Aviation Joins Air Georgian’s SOAR Program DECISIONS Human Rights – Reconsideration – Tyler v. Commissionaires BC (No. 2), 2017 BCHRT 224 Complaint of sexual harassment of airport security personnel – Reconsideration due to ongoing contravention of the Code evidence – Allowed to provide Employer opportunity to present more fulsome submissions on further arguable contraventions and continuing contravention allegations Grievance – Termination – Air Canada v Unifor, Local 2002, 2017 CanLII 70615 Termination of employees on LTD – No unvested disability related benefits precluding termination for innocent absenteeism – Grievances to proceed according to agreed protocol Judgment…

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October 24, 2017 – The backstory: Boeing v. Bombardier

October 24, 2017

TOP STORY Why are Boeing and the U.S. in a trade war with Canada and the U.K.? DECISIONS Summary Judgment – Reasons – Adlair Aviation (1983) Ltd. v Commissioner of Nunavut, Government of Nunavut and Mark McCulloch, 2017 NUCJ 19 Motion for Summary Judgment – Failure to award medevac services to Plaintiff – Failure to present relevant evidence or define genuine issue for trial – Motion allowed, application for Summary Judgment granted, matter dismissed with costs Appeal – Class Action – Airia Brands Inc. v. Air Canada, 2017 ONCA 792 Jurisdiction – Substantial connection test – Non-resident class members…

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October 17, 2017 – Well Drafted Contract Survives Overtime Claim

October 17, 2017

TOP STORY Rego v. Northern Air Solutions Inc., 2017 ONSC 4248 Appeal – Overtime Appeal of decision to not award overtime on averaged hours – Lack of overtime technically offended CLC – Employment contract clear on hour averaging – Failure to post overtime averaging agreement not sufficient to override clear contract – Dismissed   DECISIONS Passenger complaint – Extra charges – Bastiampillai c. Air France, 2017 QCCQ 10565 Claim for $1,496 for additional charges due to Air France penalty to ticket seller – Claim not brought against appropriate party – Claim dismissed CIRB DECISIONS Certification – All employee unit…

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October 10, 2017 – Winnipeg Airport strike over

October 11, 2017

TOP STORY Support and maintenance staff ratify contract with Winnipeg Airport   DECISIONS Wrongful dismissal – Taxi speed – Air Creebec Inc. et Fernandes, Re – 2017 CarswellNat 5053 Aircraft mechanic dismissed for accident while attempting to taxi aircraft – Mechanic did not validate flaps were down and speed of taxi recorded at 61 knots – Employee found to have operated aircraft in unsafe manner causing accident – Employer had just cause found for dismissal CIRB DECISIONS Certification – All employee unit – Securitas Transport Aviation Security Limited, Order No.: 11177-U all employees of Securitas Transport Aviation Security Ltd. working…

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October 3, 2017 – Unions Target Westjet Regional Carrier, Encore

October 3, 2017

TOP STORY WestJet facing more union drives as CUPE, ALPA target airline’s regional carrier DECISIONS Passenger Complaint – Failure to perform obligations – Gava c. Sunwing Airlines Voyages, 2017 QCCQ 10251 Claim for $6,000 for failing to provide all-inclusive hotel package as advertised – Multiple defects with hotel and facilities – Sunwing failed to appear – Granted $6,000 in damages Appeal – Ongoing compensation – Decision No. 1862/17, 2017 ONWSIAT 2085 Aircraft catering employee injured while pushing galley carts – Failure to find underlying or pre-existing conditions – Allowed, ongoing entitlement found Appeal – Chronic pain disability (CPD) –…

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