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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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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September 26, 2017 – ULLC Battle Looming

September 26, 2017

TOP STORY Air Canada mulls cutting fares to compete with ultra-low cost carriers DECISIONS Human Rights – Timeliness – Tyler v. Commissionaires BC, 2017 BCHRT 200 Complaint of sexual harassment of airport security personnel filed outside six month period – Continuing contravention found – Complaint accepted Human Rights – Productions – Clegg v. Air Canada, 2017 CHRT 27 Air Canada inadvertently produced Nance Report to wrong action – Motion by CHRT to request production of report – Motion granted   CANADIAN TRANSPORTATION AGENCY DECISIONS Application – Zetta Jet USA, Inc. – Order No. 2017-A-148 Exemption from section 103.3 of…

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September 19, 2017 – Patently unreasonable decision based on residency

September 18, 2017

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…

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September 12, 2017 – Jazz introduces pilot seniority portability concept

September 12, 2017

TOP STORY Jazz introduces pilot seniority portability concept   DECISIONS Grievance – Upgrade Training Bond – Air Georgian Limited v. Air Line Pilots Association – 2017 CanLII 57383 Pilot did not sign upgrade bond – Employer deducted balance when Pilot left company – Grievance upheld, unsigned bond not enforceable and language in collective agreement did not override unsigned bond CIRB DECISIONS Certification – Airport Terminal Services Canadian Company – Order No.: 11172-U, September 7, 2017 All employee unit – Unifor certified as bargaining agent   CANADIAN TRANSPORTATION AGENCY DECISIONS Application – Chrono Jet inc. – Determination No. A-2017-137 Pursuant…

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September 5, 2017 – Fatigue management a “complex issue”

September 5, 2017

TOP STORY Pilot associations, unions demand stronger regulations on fatigue DECISIONS Appeal – Lower back injury – Decision No. 1313/17, 2017 ONWSIAT 1800 Airline customer service agent appeal denial of entitlement for lower back injury – Significant chance of workplace occurrence found – Appeal and WSIB entitlement granted   CANADIAN TRANSPORTATION AGENCY DECISIONS Application – Air Canada also c.o.b. as Air Canada rouge and as Air Canada Cargo, on behalf of itself and All Nippon Airways Co., Ltd., and its affiliates ANA WINGS Co., Ltd., and Air Japan Co., Ltd. – Determination No. A-2017-133 Pursuant to section 60 of the Canada…

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August 29, 2017 – First Air and Canadian North cleared

August 29, 2017

TOP STORY No evidence of anti-competitive acts between First Air and Canadian North: Competition Bureau   DECISIONS Grievance – Innocent absenteeism – Air Canada v Unifor, Local 2002, 2017 CanLII 54142 Union’s preliminary argument that Air Canada was precluded from termination employees for innocent absenteeism – No past practice of not terminating for innocent absenteeism found – Notice provided to Union during bargaining sufficient to bring alleged estoppel to an end in any case – Alleged breach of duty to accommodate does not preclude termination for innocent absenteeism, but rather a question to be determined through the grievance procedure –…

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August 22, 2017 – Flight crew can help stop human trafficking

August 22, 2017

TOP STORY Canada’s flight attendants urged to take training to spot signs of human trafficking DECISIONS Appeal – Payment Order – Grand Falls Aviation Service et Molina, Re, 2017 CarswellNat 3751 Appeal of Payment Order for pilot’s unpaid wages – Appellant did not respond to requests for information or seek extension for response – Appellant therefore failed to satisfy burden of proof or merits of appeal – Appeal dismissed, Payment Order confirmed as issued Dismissal Application – Delay – Scurfield v Air Canada, 2017 BCSC 1437 Passenger claim for arbitrary detention, false imprisonment and assault when detained for allegedly…

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August 15, 2017 – Decision fuels debate over flight attendant ratio and passenger safety

August 15, 2017

TOP STORY Canada (Transport) v. Canadian Union of Public Employees, 2017 FCA 164 Appeal of Judicial Review – Minister appealed granting of judicial review of ministerial approval for Sunwing to change emergency procedures in Flight Attendant Manual – Standard of reasonableness – Risk assessment required to support requested change cursory and not provided to Safety Inspector – No analysis or reasons given by Safety Inspector – No evidentiary basis that safety was not compromised by requested change – No reasonable basis for Safety Inspector decision – Dismissed with costs of $3,000 Decision appealed: – Canadian Union of Public Employees v….

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August 1, 2017 – Canadian privacy trumps security

August 1, 2017

TOP STORY Deal to share passenger info between EU and Canada struck down on privacy concerns   DECISIONS Judicial Review – Default Judgment – Pacific Aviation Academy of British Columbia v Hassan, 2017 BCSC 1259 Application for judicial review to set aside default judgment – Petitioners intended to defend action – Default judgment given without notice is a nullity – Judgment set aside and matter referred back to Small Claims for 2 days trial Application – Bankruptcy Orders – CHC Group Ltd. (Re), 2016 BCSC 2623 Application for various Orders under section 46 of Companies’ Creditors Arrangement Act – Company…

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