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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April 25, 2017 – Westjet pilots attempt to unionize again

April 25, 2017

TOP STORY WestJet Employee Association prepares for pilot certification vote   DECISIONS Judicial Review – Security clearance – Mohamed v. Canada (Attorney General), 2017 FC 271 Customer service/baggage agent seeking review of cancelled RAIC card – Reasonableness as standard of review – Employee had proper opportunity to review and respond to findings – Minister decision considers character and judgment in forward thinking manner – Dismissed   CANADIAN TRANSPORTATION AGENCY DECISIONS Application – 161768 Canada Inc. c.o.b. as Decair – Determination No. A-2017-25 To continue the suspension of Licence Nos. 000085 and 000086 Application – Isaac Robert Issug against British Airways Plc…

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April 18, 2017 – Passenger bump, reputation grind

April 18, 2017

TOP STORY United Airlines forcibly removes passenger from overbooked flight DECISIONS Appeal – Passenger with disability – Greater Toronto Airports Authority v. Canada (Transportation Agency), 2017 FCA 64 Passenger requested and was not provided with assistance services – CTA made provisional conclusion not definitive statement – Matter to proceed with CTA for final determination – Dismissed CANADIAN TRANSPORTATION AGENCY DECISIONS Application – Hi Fly – Transportes Aéreos, S.A. c.o.b. as Hi Fly, on behalf of itself and Sata Internacional – Azores Airlines, S.A. – Determination No. A-2017-21 Pursuant to section 60 of the Canada Transportation Act, S.C., 1996,…

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April 11, 2017 – Major Canadian airline disaster “likely”

April 11, 2017

TOP STORY Inspectors say a major Canadian airline disaster is ‘likely’   DECISIONS Judicial Review – CHRC complaint – Majidigoruh v. Jazz Aviation LP, 2017 FC 295 Failure to provide harassment free workplace complaint dismissed by CHRC – Complainant was not treated unfairly by the CHRC nor was there reviewable error – Dismissed Appeal – Security clearance denial – Hoang v. Canada (Attorney General), 2017 FCA 63 Allegation of discrimination based on family status in denial of clearance – Bona fide justification for Minister’s practice – Appellant did not provide context to perceived risk to investigator – Dismissed Appealed decision:…

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April 4, 2017 – Canada still studying electronics ban

April 4, 2017

TOP STORY Canada still studying U.S., U.K. bans on in-flight electronics DECISIONS Costs – Fast track litigation cost limit – Wildcat Helicopters Inc. v. Ellis, 2017 BCSC 506 Plaintiff application for special costs due to meritless defence – Mayer Factors – Special costs awarded in the amount of $35,000 Original case: Wildcat Helicopters Inc. v. Ellis, 2016 BCSC 2214 Employer claim for reimbursement of training bond as per employment agreement – Employee failed to prove constructive dismissal – Employer awarded full training bon Passenger Claim – Garroussi c. Delta Airlines Company, 2016 QCCQ 17094 Passenger claim for lost baggage…

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March 28, 2017 – Facial recognition at airports now a reality

March 28, 2017

DECISIONS Order – The Commissioner of Competition v Vancouver Airport Authority, 2017 CACT 4 Confidentiality Order Grievance – Discipline – Thunder Bay International Airports Authority v Canada (Public Service Alliance), 2017 CanLII 14958 Grievor worked during driver’s license suspension without advising employer – Employer’s practice to provide leave without pay – Grievor received six-day suspension: three for days worked and paid instead of being on unpaid leave, and three disciplinary – Arbitrator agreed but directed personnel file to only show disciplinary portion of suspension Appeal – Security clearance – Mohamed v. Canada (Attorney General), 2017 FC 271 Cancellation of security…

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March 21, 2017 – Minister Releases Recreational Drone Regulations

March 21, 2017

DECISIONS Appeal – Thorne v. Hudson Estate, 2017 ONCA 208 Negligent misrepresentation claim against engine manufacturer following plane crash due to engine failure – Plane was travelling from Canada and crashed in USA – Appeal from decision dismissing manufacturer’s motion that US law applied – Law applicable to torts – No overriding error from motion judge – Dismissed Passenger claim – Racine c. Westjet, 2017 QCCQ 1184 Passengers refused boarding because they did not have valid passports at least 60 minutes before departure – Claimed cost of plane tickets as well as missed cruise and return flight – Passengers’ responsibility…

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March 14, 2017 – Canada Jetlines One Step Closer To Launch With Jet Metal Combination

March 14, 2017

DECISIONS Policy Grievance – Cathay Pacific Airways Ltd. v AOA-Canada, 2017 CanLII 10836 Flight officers required to prove eligibility to live and work in home base country – Union argued rule is inconsistent with collective agreement, unreasonable and inconsistently applied – Eligibility requirement found to be a valid unilateral rule Duty of Fair Representation complaint – Wayne N. Campbell v District 362 Unifor Local 2002, 2017 CanLII 10539 Applicant failed to file submissions on jurisdiction issue – Dismissed on basis of Board having no jurisdiction Application for Certification – International Association of Machinists and Aerospace Workers/Association Internationale des Machinistes et…

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March 7, 2017 – AA Pilots Grieve Fatigue Policies

March 7, 2017

DECISIONS Order – Cathay Pacific Airways Ltd. v. Dieleman, 2017 CarswellNat 366 Rights to trademark and tradename – Domain name found “confusingly similar” – Registrant had no legitimate interest in domain name – Registration of domain name found to be in bad faith – Order to transfer domain name to complainant Application – Boulard v. Maratech Aviation Fuels (Sudbury) Ltd., 2017 HRTO 250 Applicant did not confirm intentions – Dismissed as abandoned Scheduling Order – The Commissioner of Competition v. Vancouver Airport Authority, 2017 CACT 1 Amending schedule for hearing of certain motions Scheduling Order – The Commissioner of Competition…

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February 28, 2017 – EU Pilot Fatigue Rules Not Working

February 28, 2017

DECISIONS Duty of Fair Representation – Campbell, [2017] O.L.R.D. No. 392 Porter Airlines employee – Complaint of duty of fair representation against Unifor – Board without jurisdiction to deal with federally regulated matters – Request for submissions from applicant Appeal – Northern Thunderbird Air Inc. v. British Columbia (Workers’ Compensation Appeal Tribunal), 2017 BCCA 60 Appeal of order dismissing Employer’s petition for judicial review of WCAT decision – Decision not unreasonable – Dismissed Application for Production – Cohen and others v. Northern Thunderbird Air Inc., 2017 BCSC 315 Plaintiffs were passengers on plane that crashed – Request for production of data…

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February 22, 2017 – Pilot loses security clearance over homicidal messages

February 22, 2017

DECISIONS Judicial Review – Revocation of security clearance – Varadi v. Canada (Attorney General), 2017 FC 155 RCMP report of life-threatening messages – Decision reasonable – No application of the doctrine of legitimate expectation – Process procedurally fair – No obligation to consider less intrusive measures – Dismissed   CIRB DECISIONS Successor Employer – Jazz Technical Services (JTS), a Division of Jazz Aviation LP – Order No.: 11111-U Partial Sale of Business – Maintenance employees   CANADIAN TRANSPORTATION AGENCY DECISIONS Application – Central Helicopters Inc. – Decision No. 25-A-2017 Suspension of Licence No. 030056 Application – Omni Air International, LLC…

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