TOP STORY
Roy and Northern New Brunswick Airport Inc., Re, (Canada Adjudication)
Application – Unjust Dismissal – Employee drove baggage tug while under orders not to drive any motorized vehicle during the temporary suspension of his driver’s license – Employee could not provide explanation and was terminated – Employee claimed unjust dismissal under Canada Labour Code – No application of progressive discipline, dismissal disproportionate – Reinstatement not recommended in light of employee’s disobedience, insubordination and lack of candor and honesty with Employer and during hearing – Claim for punitive damages denied – Employee awarded 10 months wages as compensation, 2 weeks wages as notice and 18 days wages as severance
DECISIONS
- Appeal – Breach of Lease – Skylink Express Inc. v. Innotech Aviation, 2018 NSCA 32
Parties with long standing business relationship where Appellant leased hangar space from Defendant – Appellant stopped paying rent during a 5-year lease extension after removing all its aircrafts from the hangar – Lower court found the Appellant was in breach of the lease – Parties had exchange about addenda to the lease in case Skylink’s needs changed – Appellant argued the exchange created collateral contract allowing it to unilaterally reduced number of planes to be stored – Application judge findings supported by evidence – Dismissed with $5,000 costs - Application – Access to Information – Air Canada v. Canada (Attorney General), 2018 FC 378
Air Canada and Air Canada Rouge objected to the release of Surveillance Reports by Transport Canada in the context of an access to information request – Potential for inaccurate perception not justification for exemption to disclose – Explanatory note can be issued with disclosed reports – Applicants showed reasonable expectation of harm from disclosure, but not material harm – Dismissed - Application – Class Action – Pollués de Montréal-Trudeau c. Aéroports de Montréal, 2018 QCCS 1401
Application to bring class action for noise pollution and action for declaratory judgement imposing noise level standards and mitigation measures to the Montreal Airport’s aviation activities – Application to bring action for declaratory judgement dismissed – Class action allowed under the Civil Code‘ strict liability regime - Application – Lost Luggage – Jurisdiction – Charbonneau c. Scoot Pte Ltd. (Scoot Airlines), 2018 QCCQ 1645
Three plaintiffs each claimed $20,000 for loss of luggage – Defendant contested quantum and raised jurisdiction issue – Montreal International Convention provides that action damages may be brought at the domicile of the carrier or where it has a place of business – Airline does not have place of business in Quebec – Dismissed - Application – Small Claims – Bergeron c. Vueling Airlines, 2018 QCCQ 2135
Allowed in Defendant’s absence, $2,500 - Grievance – Language Interpretation – PSAC, Local 90120 and I.M.P. Group Ltd. (West), Re, (Canada Adjudication)
Whether shift change premium applies to deployment – Adjudicator found Union interpretation to be correct, no exclusion of deployments from the payment of shift change premium – Employer claimed Union estopped from claiming premium based on past practice – Consistent long-standing practice not to pay shift change premium to employees on deployment, uncontested by the Union – Union estopped from grieving the practice – Denied - Class Action – Disclosure – Coalition contre le bruit c. 3845443 Canada inc. (Aviation Mauricie), 2018 QCCS 1258
Defendants request for order to disclose documents – Admissibility of documents to be addressed during hearing – Dismissed
CANADIAN TRANSPORTATION AGENCY DECISIONS
- Application – Aero Jet Services, L.L.C. c.o.b. as Aero Jet Services – Order No. 2018-A-63
Exemption from section 103.3 of the Air Transportation Regulations, SOR/88-58, as amended - Application – Norwegian Air International Limited – Determination No. A-2018-72
Pursuant to subsection 69(1) of the Canada Transportation Act, S.C., 1996, c. 10, as amended - Application – Norwegian Air International Limited – Determination No. A-2018-73
Pursuant to subsection 73(2) of the Canada Transportation Act, S.C., 1996, c. 10, as amended - Application – Cargojet Airways Ltd. also c.o.b. as Cargojet Regional – Determination No. A-2018-71
Pursuant to subsection 69(1) of the Canada Transportation Act, S.C., 1996, c. 10, as amended - Application – Hi Fly Ltd. c.o.b. as Hi Fly Malta, on behalf of itself and Sata Internacional – Azores Airlines, S.A. – Determination No. A-2018-74
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 – World Class Jet, LLC c.o.b. as Horizon Jet Management – Order No. 2018-A-62
Exemption from section 103.3 of the Air Transportation Regulations, SOR/88-58, as amended - Application – OpenSkies c.o.b. as LEVEL – Determination No. A-2018-68
Pursuant to subsection 69(1) of the Canada Transportation Act, S.C., 1996, c. 10, as amended - Application – Calgary Air Taxi Ltd. – Determination No. A-2018-69
Pursuant to section 61 of the Canada Transportation Act, S.C., 1996, c. 10, as amended - Application – Morcom Aviation Services, Inc. c.o.b. as Regal Air of Everett, Washington, United States of America – Determination No. A-2018-70
Pursuant to subsection 73(2) of the Canada Transportation Act, S.C., 1996, c. 10, as amended - Suspension – “Airline” “Ukraine-AirAlliance” Private Joint Stock Company c.o.b. as PJSC “UAA” – Order No. 2018-A-61
Licence No. 170035 – License reinstated effective April 10, 2018
TC/TSB NEWS
- Government of Canada invests in aerospace sector
- Government of Canada investing in safety at local airports
- Minister Garneau announces appointments and reappointments in the transportation sector
- The Government of Canada invests in transportation infrastructure at the Saint John Airport in New Brunswick to enhance operational safety
- TSB deploys a team of investigators to a ground collision at the Winnipeg James Armstrong Richardson International Airport, Manitoba
- TSB deploys a team of investigators to a landing incident at the Halifax Stanfield International Airport, Nova Scotia
- TSB deploys a team of investigators to a landing incident at the Calgary International Airport, Alberta
- Aviation Safety Letter
- Canadian Airworthiness Directives
- Foreign Airworthiness Directives
INDUSTRY ASSOCIATION NEWS
- CBAA: Your feedback is urgently required!
- COPA: COPA co-founder John Bogie dies
- COPA: TCCA announces GA ‘targeted inspections’
- COPA: Foreflight upgrades need iOS 10.3
- COPA: VFR communications in the circuit
- ICAO: ICAO issues call for innovative solutions for drone airspace management
UNION NEWS
- APA: FAA makes right call on toxic fumes
- Unifor: Unifor is charting a path forward on equity audit
- Unifor: Unifor delegates prepare for Ottawa aerospace lobbying
- Unifor: Plan calls for maintaining aerospace advantage
AVIATION MEDIA
- Airline tech in the Americas; AI, biometrics, blockchain and more
- Air Canada flight evacuated after landing gear problem at Calgary airport, safety board says
- Avianor announces dismantling contract
- Avianor announces facilities expansion
- Avianor announces new vice-president of sales, marketing and customer service
- Bad dog! Runaway canine on Saskatoon runway forces landing plane to pull up
- Billy Bishop Airport voted among the most scenic airport landings in the world for fourth consecutive year
- Brand Ambassador
- CAE to support new Oman Aviation Academy
- Class action lawsuit to fight Montreal Airport noise pollution gets go-ahead
- Discovery Air Inc. announces approval of sale process to preserve business
- Flair Airlines hits growth target
- Greater Toronto Airports Authority and Metrolinx announce commitment to work together to study Regional Transit and Passenger Centre connections
- Moncton Airport wants your say in new 20-year master plan
- MTU Maintenance Canada signs CF6-50 and accessory repair contract with Lockheed Martin
- New terminal of Iqaluit Airport evacuated after generator breaks down
- Norwegian Air Shuttle postponing launch of Canadian service until summer of 2019
- RCMP security officers police the skies
- Saint John Airport receives $14M in funding for improvements
- STARS plays role in ‘chain of survival’
- Welcome to the ‘fight deck’: Air marshals still updating their training 17 years after 9/11
- WestJet casts big net for Swoop pilots