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.

Filter By:

June 20, 2017 – Porter CEO inducted into Hall of Fame

June 20, 2017

Top Story Canada’s Aviation Hall of Fame recognizes Robert Deluce   DECISIONS Judicial Review – Odour did not constitute a “danger” – Canadian Union of Public Employees v. Air Canada, 2017 FC 554 JR of Occupational Health and Safety Tribunal Canada decision confirming findings of HSOs that “danger” did not exist due to pyrolysis of jet engine oil and hydraulic fuel (Diaz Delgado et al v Air Canada, 2015 OHSTC 15) – Companion decision (Air Canada v Canadian Union of Public Employees, 2015 OHSTC 14 ) found that Employer failed to warn employees of “known or foreseeable health hazard” or…

Read More +

June 13, 2017 – Safety Summit proceeds with pilot fatigue regulations

June 13, 2017

TOP STORY Pilot fatigue rules set to move forward despite safety concerns   CANADIAN TRANSPORTATION AGENCY DECISIONS Application – Jet-Link AG – Determination No. A-2017-67 To continue the suspension of Licence No. 100022 Application – Bradley Air Services Limited also c.o.b. as, among others, First Air, on behalf of itself and Lynden Air Cargo, LLC c.o.b. as Lynden Air Cargo and as Loken Aviation – Determination No. A-2017-68 Pursuant to section 60 of the Canada Transportation Act, S.C., 1996, c.10, as amended, and section 8.2 of the Air Transportation Regulations, SOR/88-58, as amended Application – Lev Marder against Jet Airways (India) Limited…

Read More +

June 6, 2017 – Canada Jetlines appoints ULCC Veteran Stan Gadek as CEO

June 6, 2017

TOP STORY Canada Jetlines prepares for takeoff: announces Stan Gadek as Chief Executive Officer tapping 20-plus years of airline leadership experience   DECISIONS Appeal – Wage Recovery – Strait Air (2000) Ltd. c. Durand, [2017] D.A.T.C. no 92 Appeal by employer of employment standards inspector order to remit unpaid wages – Employee claimed balance of training bond withheld from last pay upon his resignation – Inspector found withholding required written authorization by employee for the specific amount – Employee’s authorization given upon signature of training bond – No requirement for additional after the fact more specific authorization – Order cancelled,…

Read More +

May 30, 2017 – Mandatory retirement for pilots upheld

May 31, 2017

TOP STORY Gregg v. Air Canada Pilots Association, 2017 FC 506 Judicial Review – Mandatory retirement Application for Judicial Review of CHRC decision regarding termination due to age – Normal age of pilot retirement found to be 60 – CHRC decision was within range of acceptable possible outcome based on fact and law – Dismissed with costs   DECISIONS Application for Certification – International Association of Machinists and Aerospace Workers / Association Internationale des Machinistes et des Travailleuses et Travailleurs de l’Aérospatiale v Sky Café Ltd., 2017 CanLII 31552 Ballots cast – All employee unit certified CIRB DECISIONS Bargaining…

Read More +

May 23, 2017 – Aviation associations issue open letter to Transport Minister over fatigue management

May 24, 2017

TOP STORY Aviation associations issue open letter to Transport Minister over fatigue management   DECISIONS Judicial Review – Flight followers rate of pay – Canada (Attorney General) v. Canadian Federal Pilots Association, 2017 FCA 100 Judicial review of PSLREB decision (Canadian Federal Pilots Association v. Treasury Board, 2016 PSLREB 46) – Flight followers not working standby – Decision found to be reasonable – Dismissed with costs Review Hearing – Refusal to issue aviation document – Douglas v. Canada (Minister of Transport), [2017] C.T.A.T.D. No. 12 Refusal to issue or amend ALPT rater/tester designation for failure to test according to regulations and…

Read More +

May 16, 2017 – WestJet pilots vote in favour of forming a union

May 16, 2017

TOP STORY WestJet pilots vote in favour of forming a union   DECISIONS Judicial Review – Security Clearance – Ng v. Canada (Attorney General), 2017 FC 376 Flight Attendant denied security clearance – Involvement in multiple incidents related to drug trafficking – Applicant argued decision was unintelligible – Dismissed Appeal – Workplace Insurance – Aviation Peak inc. et Caron, 2017 QCTAT 2095 Employer late reconsideration applications denied – Jurisdiction issue – Issue of reasonable reason for delay- Dismissed Passenger Claim – Rochon c. Air Canada, 2017 QCCQ 4339 Tickets bought from Air Canada but fulfilled in part by United Airlines…

Read More +

May 9, 2017: Young pilots go from classroom to cockpit

May 10, 2017

TOP STORY Flight path to success   DECISIONS Settlement – Disclosure of settlement terms – Underhill v Central Aircraft Maintenance Ltd., 2017 SKQB 102 Disclosure request of other defendants’ settlement terms – Non-financial terms to be disclosed Application – Certification – International Association of Machinists and Aerospace Workers / Association Internationale des Machinistes et des Travailleuses et Travailleurs de l’Aérospatiale v Sky Café Ltd., 2017 CanLII 25242 Certification application by IAM – Proposed all employee unit – Vote ordered Application – Certification – International Association of Machinists and Aerospace Workers / Association Internationale des Machinistes et des Travailleuses et Travailleurs…

Read More +

May 2, 2017 – Westjet low cost airline could spur union drive

May 2, 2017

TOP STORY WestJet’s plan to launch no-frills airline could stoke union drives   DECISIONS Grievance – Termination – Swissport Canada Fuel Services Inc. et Association internationale des machinistes et des travailleurs et travailleuses de l’aérospatiale, district des transports 140 (Antonio Barile), 2017 QCTA 212 Gas pumper terminated for physical altercation with co-worker – Co-worker was consciously aggravating him – Termination reduced to 2.5 month suspension – Allowed Reasons – Public interest privilege – The Commissioner of Competition v Vancouver Airport Authority, 2017 CACT 6 Interest privilege in the context – Class-based public interest privilege – Class privilege – Procedural fairness…

Read More +

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…

Read More +

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,…

Read More +