August 8, 2017 – Air Canada policy found to be discriminatory

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ACPA and Air Canada (Personal Travel Privileges), Re, 2017 CarswellNat 3472

Grievance – Discriminatory Policy

Employee travel policy excludes those on leave of absence over 365 days – Union claims policy adversely impacts women, parents, and the disabled, who are protected groups under the Canadian Human Rights Act – Allowed, policy’s 365 day rule found to create differential treatment on the basis of sex and disability for pilots on medical and maternity leaves – Referred back to parties for discussions to resolve

 

DECISIONS

  • Application – Security for Costs – Bahrain Executive Air Services Company (Bexair) WLL v. Bombardier Inc., 2017 QCCS 3538
    Claim for $42,000,000 plus cancellation of purchase contract – Application to increase security for costs based on expert reports expense – Dismissed, rule of proportionality considered in amount of costs that could be potentially awarded
  • Passenger Claim – De Bellefeuille c. Sunwing Vacations inc., 2017 QCCQ 7566
    Complaint for full reimbursement of cost for travel package due to various complaints over hotel, hotel guests and other issues – Sunwing offered $430 which passenger denied; Court awarded $500 for issues
  • Motion – Prospect of Success – Snowball v. Ornge, 2017 ONSC 4601
    Action for negligent damages arising from the death of Ornge paramedic – Motion by Ornge regarding reasonable prospect of success and limitation issues – Reasonable prospect motion dismissed; limitation issues not addressed and further submissions can be made by the parties

 

CANADIAN TRANSPORTATION AGENCY DECISIONS

  • Application – Anderson Air Ltd.Order No. 2017-A-118
    Exemptions from paragraphs 33.1(b) and 73(2)(c) and sections 33.2 and 103.3 of the Air Transportation Regulations, SOR/88-58, as amended
  • Application – Cathay Pacific Airways LimitedDetermination No. A-2017-114
    Pursuant to subsection 78(2) of the Canada Transportation Act, S.C., 1996, c. 10, as amended
  • Letter Decision – Air Transat A.T. Inc. c.o.b. as Air TransatLetter Decision No. LET-A-47-2017
    Regarding tarmac delay on July 31, 2017
  • Suspension – Olympic Air, Inc.Order No. 2017-A-119
    Licence No. 980104

 

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