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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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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July 25, 2017 – Jazz awarded for workers’ well-being

July 25, 2017

TOP STORY Jazz Aviation recognized for fostering psychologically healthy workplace   DECISIONS Grievance – Pilot Bases – Cathay Pacific Airways Ltd. v AOA-Canada, 2017 CanLII 10836 Grievance over policy requiring employees to comply with immigration requirements and prove eligibility to live/work in applicable country – Requirement was valid unilateral rule applicable to “Home Bases” chosen by the pilots due to valid operational concerns – Grievance dismissed Passenger Claim – Damages – Berthold c. Sunwing Airlines Inc., 2017 QCCQ 7842 Passengers claimed $3083.06 due to delayed flight and unscheduled refueling stop causing missed cruise departure – US Air Traffic Control modified…

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Researchers question cabin air safety

By Larissa Volinets Schieven and Steven Williams   While the issue of contaminated “bleed air” on airplanes is not a new one, it is attracting renewed attention, in light of a recent report in the World Health Organization’s Journal, Public Health Panorama. Bleed air is the system used by all aircraft, except the Boeing 787, to provide the cabin with ventilation and air pressurization. Fresh air enters the aircraft’s system through the engines, where the air is compressed, bled through ports and cooled, then filtered before entering the cockpit and cabin. The Boeing 787, in contrast, uses electric compressors and…

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July 18, 2017 – Westjet CEO warns against unionization

July 18, 2017

TOP STORY WestJet CEO sends email to employees warning against unionization of airline staff   DECISIONS Wage Recovery Appeal – Jurisdiction – Hyderi and Concorde Baggage Services Inc., Re, 2017 CarswellNat 3068 Employee alleged unjust dismissal and sought reinstatement – Baggage handling services an integral part of airport operations, under federal jurisdiction – Employee terminated following security incident at the request of airport authority that contracted employer services – Employer cannot contract out its obligations under the Code – No evidence of investigation of incident by airport authority or employer – Summary dismissal found not to be proportional response to…

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July 11, 2017 – No satisfaction for new rest regulations

July 11, 2017

TOP STORY Crew rest regs draw criticism Fixed and rotary wing operators are saying the new rules will actually reduce safety, raise costs for customers, and make the burgeoning pilot shortage even worse.   DECISIONS Appeal – Workers’ Compensation – 2016-74-AD (Re), 2017 CanLII 42438 Aircraft mechanic wrist injury – Unrelated to employment – Appeal dismissed Motion – Compel production – The Commissioner of Competition v Vancouver Airport Authority, 2017 CACT 34 Order to dismiss motion to compel further production – No breach of fairness found – Obligations for disclosure to date met Policy Grievance – Vacation – British Airways…

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July 4, 2017 – Terminated for stolen nuts and lotion? Maybe not

July 4, 2017

TOP STORY IAMAW District Lodge 140 v Air Canada, 2017 BCSC 1060 Judicial Review – Termination Grievance 17-year cabin employee terminated for theft of nuts and lotion discarded by deplaned passengers – Arbitrator upheld termination for theft and bribery – Court found penalty outweighed offence by long term employee with clean record – Penalty overturned, to be re-submitted to arbitration for determination   DECISIONS Injunction – Trademark Infringement – United Airlines, Inc. v. Cooperstock, 2017 FC 617 Website found to infringe upon United trademarks and copyrights – Injunction restraining the use of Plaintiff marks on Defendant website issued Appeal –…

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Briefing Note – Transport Canada Fit to Fly Workshop June 6-7, 2017

June 29, 2017

On June 6 and 7, 2017, Transport Canada hosted its first Fit to Fly Workshop in Gatineau, Quebec. The two-day workshop, attended by some 200 members of the aviation industry focused on measures aimed at supporting aviation staff in the interest of the health, safety, and well-being of crew members and passengers. Among the topics discussed were employee assistance programs, healthy workplace promotion, peer to peer support systems, and understanding the mental and physical risks to safety, particular to the aviation industry. Minister of Transport, Marc Garneau, kicked off the Workshop with an introduction to the events leading up to…

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June 27, 2017 – Pilots Wanted

June 27, 2017

TOP STORY Airlines will need 255,000 new pilots by 2027: Report   DECISIONS Grievance – Bullying/Harassment – Unite Here, Local 40 v Host International Canada, Ltd., 2017 CanLII 37195 Policy grievance over bullying and harassment of servers at YVR restaurant – Employer preliminary objections – Objections partially upheld, Arbitrator invited further particulars from both parties and remedies sought by Union Complaint (s. 240) – Wrongful Dismissal – Buchan v Thunder Airlines Limited, 2017 CanLII 38554 Employee misrepresentation – Misconduct – Employee failed to file proper CRA documents resulting in penalties and assessment for Employer – Time to examine misconduct did…

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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…

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