December 5, 2017 – CTA Rules on Tarmac Delays

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TOP STORY

Canadian Transportation Agency issues determination in Air Transat inquiry – Air carrier to pay $295,000 penalty for delay of flights 157 and 507

 

DECISIONS

  • Appeal – Occupation Noise Induced Hearing Loss – 2017-0627 (Re), 2017 CanLII 80011
    Appeal of denial of benefits due to noise levels obtained by WCB audiologist – Found noise levels obtained were not accurate or sufficient to base decision upon – Asymmetrical hearing loss consistent with requirement to remove one headphone to permit cockpit conversation – Appeal granted
  • Grievance – Letter of Reprimand – Air Canada v Unifor Local 2002, 2017 CanLII 80436
    Long service employee grieved letter of reprimand placed on file based on customer complaint – Evidence provided did not support customer’s allegations – Customer not called to provide evidence – If behaviour in question was established through direct evidence, grievance would be dismissed, it was not – Grievance allowed
  • Training Bond – Counterclaim – Chrono Aviation inc. c. Waterhouse, 2017 QCCQ 13851
    Training Bond employment clause enforceable – Bond amount reduced based on Employer’s failure to provide simulator training – Remaining bond amount enforceable after employee resigned within bond period

 

CIRB DECISIONS

  • Certification – WestJet Encore Ltd.Order No.: 11192-U
    all pilots employed by WestJet Encore Ltd. excluding managers, S3, standards crew management, chief pilot, directors, supervisors and those above the rank of supervisor.

 

CANADIAN TRANSPORTATION AGENCY DECISIONS

  • Determination – Air Transat Tarmac Delays – Determination No. A-2017-194
    Determination by the Canadian Transportation Agency as to whether Air Transat failed to properly apply the terms and conditions of carriage set out in its International Scheduled Services Tariff, CTA (A) No. 4 (Tariff) and whether Air Transat’s applicable Tariff provisions are reasonable, pursuant to subsections 110(4) and 111(1) of the Air Transportation Regulations, SOR/88-50, as amended
  • Application – Reliance Aviation Inc.Determination No. A-2017-191
    Pursuant to section 61 of the Canada Transportation Act, S.C., 1996, c. 10, as amended
  • Application – OpenSkies c.o.b. as LEVELOrder No. 2017-A-201
    Exemption from the application of section 59 of the Canada Transportation Act, S.C., 1996, c. 10, as amended
  • Application – WestJetOrder No. 2017-A-202
    Exemption from the requirement to hold a domestic licence, small aircraft and a domestic licence, medium aircraft
  • Application – Flight Options, LLCOrder No. 2017-A-204
    Exemption from section 103.3 of the Air Transportation Regulations, SOR/88-58, as amended
  • Application – East Coast Flight Services, Inc.Order No. 2017-A-205
    Exemption from section 103.3 of the Air Transportation Regulations, SOR/88-58, as amended
  • Suspension – Aurora Aviation, Inc.Order No. 2017-A-203
    Licence No. 967743

 

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