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 – Issue of unvested benefits to be determined through the arbitration process – Air Canada not precluded to termination for innocent absenteeism, arbitration to proceed on the merits - Grievance – Termination – United Steelworkers, Local 4483 v IMP Aerostructures, 2016 CanLII 101376
Employee terminated pursuant to attendance management policy for culpable absenteeism – Union argued employee’s absenteeism was disability-related – Accommodation request not put forward by employee or Union – Inquiry into accommodation needs not undertaken by Employer when it received a medical note referring to mental health issues – All parties failed to participate in accommodation process – Grievance allowed in part: employee reinstated without back pay or benefits but with seniority; employee still subject to AMP regarding culpable absenteeism; parties to investigate strategies to improve employee’s attendance; employee to follow medical program prescribed by personal physician - Passenger Claim – Delayed baggage – Stuckless and Legge v Air Canada, 2017 CanLII 53798
Claim for damages for loss of enjoyment of vacation and lost time from work to attend court – Air Canada had already provided compensation for out of pocket expenses and excess baggage fee – Non pecuniary damages not recoverable under Montreal Convention – Claim for lost time form work to attend at court not recoverable under province’s Small Claims Rules – Dismissed with costs - Review Hearing – Refusal to issue aviation document – Guilbault v. Canada (Minister of Transport), [2017] C.T.A.T.D. No. 19
Refusal to issue PPC due to failure to meet required standard – Flight test conducted fairly – Partial and Retest provision not available to applicant – Dismissed - Summary Judgement – Jurisdiction – 2Source Manufacturing Inc. v. United Technologies Corporation, 2017 ONSC 4409
Applicant claimed defendant lead it to believe their supply agreement would be renewed – Supply agreement between parties provided for actions to be filed in New York court – Proceeding stayed - Appeal – Benefit Denial – Decision No. 2002/17, 2017 ONWSIAT 2351
Appeal of lead station attendant for recurrence of workplace lower back injury and psychotraumatic disability – Allowed in part, benefits for recurrence approved, no benefits for psychotraumatic disability
CANADIAN TRANSPORTATION AGENCY DECISIONS
- Application – Cat Aviation AG – Determination No. A-2017-126
Pursuant to subsection 73(2) of the Canada Transportation Act, S.C., 1996, c. 10, as amended - Application – The Toronto Shuttle Inc. – Determination No. A-2017-128
Pursuant to subsection 73(1) of the Canada Transportation Act, S.C., 1996, c. 10, as amended - Application – FAI rent‑a‑jet Aktiengesellschaft c.o.b.as Flight Ambulance International – Order No. 2017-A-126
For exemptions from certain provisions of the Air Transportation Regulations, SOR/88-58, as amended - Application – FAI rent‑a‑jet Aktiengesellschaft c.o.b.as Flight Ambulance International – Order No. 2017-A-125
For exemptions from paragraph 33.1(b), subparagraph 73(2)(c)(i) and section 33.2 of the Air Transportation Regulations, SOR/88-58, as amended - Application – FAI rent‑a‑jet Aktiengesellschaft c.o.b.as Flight Ambulance International – Determination No. A-2017-125
Pursuant to subsection 73(2) of the Canada Transportation Act, S.C., 1996, c. 10, as amended - Application – Cat Aviation AG – Order No. 2017-A-127
For exemptions from paragraph 33.1(b), subparagraph 73(2)(c)(i) and section 33.2 of the Air Transportation Regulations, SOR/88-58, as amended - Application – Cat Aviation AG – Order No. 2017-A-128
For exemptions from certain provisions of the Air Transportation Regulations, SOR/88-58, as amended - Application – The Toronto Shuttle Inc. – Determination No. A-2017-127
Pursuant to section 61 of the Canada Transportation Act, S.C., 1996, c. 10, as amended - Suspension – JS Ventures, L.L.C. – Order No. 2017-A-129
Licence No. 120018
TC/TSB NEWS
- Competition Bureau completes extensive investigations into northern airlines
- Notice of oral hearing in the matter of the Canadian Transportation Agency’s inquiry into Air Transat tarmac delays
- TSB deploys a team of investigators to a small aircraft accident near Swift Current, Saskatchewan
- TSB will hold a news conference to release its investigation report into the fatal August 2015 De Havilland DHC-2 aircraft accident near Tadoussac, Quebec
- Foreign Airworthiness Directives
- TC MMEL
INDUSTRY ASSOCIATION NEWS
- CBAA: Announcement of NAV CANADA revised service charges
- COPA: COPA collaborates on safety
- COPA: Nav Canada rate cut, refund
- COPA: Taxiway mishap a teaching moment
- OAC: Sam Cupelli joining AirStart as Vice President, Sales and Acquisitions
UNION NEWS
- PSAC: Winnipeg Airport strike update: Aug. 22, 2017
- Teamsters: Swissport workers vote to continue strike at Pearson
AVIATION MEDIA
- Bombardier releases statement on Global 7000 aircraft flight test program
- CAE assumes full control of AirAsia training centre
- CAE launches cadet pilot training program in partnership with European airline Volotea
- Calgary airport to return accessible parking spots after botched marketing campaign
- Competition Bureau ‘failed to protect the public’ in Northern airlines investigation, says advocate
- ‘Not business as usual’: airport evacuation draws blowback from striking workers
- Possible end in sight for Swissport strike at Pearson airport
- Striking ground crew at Toronto Pearson airport to vote on new offer
- Striking Pearson airport ground crew workers vote overwhelmingly to reject offer from Swissport
- SFO landing incident prompts focus on pilot monitoring, CRM
- Time running out to sign petition calling on government for safer skies
- Waterloo Wellington Flight Centre to SOAR with Air Georgian
- Winnipeg’s airport evacuated as a precaution after AC malfunction
- YVR introduces ambassador dog program