February 28, 2017 – EU Pilot Fatigue Rules Not Working

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DECISIONS

  • Duty of Fair Representation – Campbell, [2017] O.L.R.D. No. 392
    Porter Airlines employee – Complaint of duty of fair representation against Unifor – Board without jurisdiction to deal with federally regulated matters – Request for submissions from applicant
  • Appeal – Northern Thunderbird Air Inc. v. British Columbia (Workers’ Compensation Appeal Tribunal), 2017 BCCA 60
    Appeal of order dismissing Employer’s petition for judicial review of WCAT decision – Decision not unreasonable – Dismissed
  • Application for Production – Cohen and others v. Northern Thunderbird Air Inc., 2017 BCSC 315
    Plaintiffs were passengers on plane that crashed – Request for production of data from the Cockpit Voice Recorder seized by Transportation Safety Board of Canada – On-board recordings privileged under Canadian Transportation Accident Investigation and Safety Board Act – Public interest outweighs privileged attached to recording – Order for copy of CVR to be produced with limitation on disclosure
  • Class Action Certification – Carroll-Byrne v. Air Canada, 2016 NSSC 354
    Majority of defendants agreed to certification – Remaining issue whether there is a cause of action against the Attorney General of Canada (AG) – Claim against AG as regulator and as owner of airport property – Claim certified against AG only as owner of airport property
  • Human Rights – Summary Hearing – Bingling v. Newrest Servair Toronto Corporation, 2017 HRTO 214
    Applicant claimed discrimination on the basis of race and disability – No reasonable prospect of success – Application dismissed
  • Application for Certification – International Association of Machinists and Aerospace Workers/Association Internationale des Machinistes et des Travailleuses et Travailleurs de L’Aérospatiale v Sky Café, 2017 CanLII 8226
    Description of the bargaining unit – Concurrent application for certification before the CIRB – Board declined to stay proceeding pending CIRB’s determination on jurisdiction – Order for vote issued
  • Motion – Option consommateurs c. American Airlines, 2017 QCCS 596
    Class action proceeding not yet certified – Motion to remove one of the defendants – Motion to stay proceeding in Quebec pending determination of similar proceeding in Ontario that would include Quebec residents – Settlement reached between counsels in several similar proceedings across Canada to allow only Ontario case to final judgement – Motions allowed
  • Appeal – Entitlement for traumatic mental stress – Decision No. 3084/16, 2017 ONWSIAT 303
    Customer sales and service agent for an airline company appealing decision of ARO – Employee claimed passenger intentionally coughed and spat on her – Incident allegedly lead to employee developing PTSD – No evidence to establish incident occurred – Pre-existing psychological issues – Appeal dismissed
  • Unjust dismissal – Buchan and Thunder Airlines Ltd., Re, 2017 CarswellNat 369
    Employer argued just cause based on employee’s misrepresentation of her qualifications and performance – Employee argued dismissal contrary to section 240 of Canada Labour Code – No misrepresentation on part of employee – Employee substandard performance had serious financial consequences for Employer – Delay in terminating employment not condonation – Complaint dismissed
  • Leave to Appeal – Mamadou Zoungrana v. Air Algérie, 2017 CanLII 6745
    Application for leave to appeal Quebec Court of Appeal decision – Dismissed

 

CIRB DECISIONS

  • Application for Certification – Swissport Canada Handling Inc.Order 11098-U
    All employee bargaining unit with exclusions – IAMAW certified bargaining agent
  • Application for Certification – Cougar Helicopters Inc.Order No.: 11099-U
    Dispatchers, weather observers and radio operators – Lead Dispatcher position disputed – OPEIU certified bargaining agent
  • Bargaining Unit Scope – Charlottetown Airport Authority Inc.Order No.: 11113-U
    Bargaining unit amendment – Exclusions added

 

CANADIAN TRANSPORTATION AGENCY DECISIONS

  • Application – Air Canada also carrying on business as Air Canada rouge and as Air Canada CargoDecision No. 35-A-2017
    Pursuant to subsection 69(1) of the Canada Transportation Act, S.C., 1996, c.10, as amended
  • Application – Air Canada also carrying on business as Air Canada rouge and as Air Canada Cargo (Air Canada), on behalf of itself; Jazz Aviation LP, as represented by its general partner, Aviation General Partner Inc., Sky Regional Airlines Inc., Air Georgian Limited and Exploits Valley Air Services Ltd. all carrying on business as, among others, Air Canada Express (Air Canada Express); and All Nippon Airways Co., Ltd. (All Nippon) and its affiliates ANA WINGS Co., Ltd. and Air Japan Co., Ltd. (affiliates)Decision No. 38-A-2017
    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 – Nicholas Services, LLC carrying on business as Nicholas AirOrder No. 2017-A-22
    Exemption from the application of subsection 84(2) of the Canada Transportation Act, S.C., 1996, c.10, as amended
  • Application – Air Canada also carrying on business as Air Canada rouge and as Air Canada Cargo (Air Canada), on behalf of itself and All Nippon Airways Co., Ltd. (All Nippon) and its affiliates ANA WINGS Co., Ltd. and Air Japan Co., Ltd. (affiliates)Decision No. 39-A-2017
    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 – Air Canada also carrying on business as Air Canada rouge and as Air Canada Cargo, (Air Canada), on behalf of itself and Deutsche Lufthansa Aktiengesellschaft (Lufthansa German Airlines) [Lufthansa]Decision No. 41-A-2017
    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 – VistaJet LimitedOrder No. 2017-A-23
    Exemptions from the application of paragraphs 33.1(b) and 73(2)(c) and section 33.2 of the Air Transportation Regulations, SOR/88-58, as amended
  • Application – Air Canada also carrying on business as Air Canada rouge and as Air Canada Cargo (Air Canada), on behalf of itself and Türk Hava Yollari Anonim Ortakligi (Turkish Airlines Inc.) carrying on business as Turkish Airlines (Turkish Airlines)Decision No. 40-A-2017
    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 – Sun Air Jets, LLC carrying on business as Sun Air, as Sun Air Executive Flight Center and as Sun Air JetsOrder No. 2017-A-24
    Exemption from the application of section 103.3 of the Air Transportation Regulations, SOR/88-58, as amended
  • Application – Evasion Air Elite Inc. carrying on business as Evasion AirDecision No. 36-A-2017
    Cancellation of Licence Nos.120099 and 130065
  • Application – AirMédic inc.Decision No. 37-A-2017
    Cancellation of Licence Nos.130068, 140000, 150047, 150069 and 150085
  • Suspension – Hawkair Aviation Services Ltd.Order No. 2017-A-21
    Licence Nos. 972227 and 977376

                                                                                                                                                                         

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