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 Cargo – Decision 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 Air – Order 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 Limited – Order 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 Jets – Order 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 Air – Decision 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
TC/TSB NEWS
- TSB reminds aircraft passengers to buckle up after 21 people injured during a severe turbulence encounter in December 2015
- TSB deploys a team of investigators to a landing incident at the Toronto Pearson International Airport, Ontario
- Runway excursion involving an Air Canada Airbus A320 at Toronto Pearson International Airport, Ontario
- Update about the TSB investigation into the accident involving a Tecnam P2006T aircraft near Cochrane, Alberta
- Minister Garneau marks over 100 years of aviation history by shining light on serious safety issue
- Government of Canada to mark National Aviation Day with events in Ottawa
- Canadian Airworthiness Directives
- TC MMEL Revision – Bombardier/Canadair
UNION NEWS
- ALPA: ALPA Canada honours National Aviation Day with renewed call for laser safety
- IAMAW: Social media brings organizing victory at Pearson Airport!
- Unifor: Transportation workers rally against Ottawa’s plan to privatize airports and seaports and gut maritime regulations
- Unifor: CIRB declares Unifor as bargaining agent for JTS
AVIATION MEDIA
- EU pilot fatigue rules miss required effect
- New flight paths in Winnipeg could send planes over different neighbourhoods
- Bag missing a month, Air Canada still looking
- Air Canada bookings to U.S. soar, despite lower loonie
- Turkish Airlines flight to Toronto evacuated after suspicious note seen in bathroom
- B.C. pitbull owner says Air Canada flight policy keeping her from dying dog
- Young golfer’s family calls Air Canada’s handling of stolen clubs ‘below par’
- Objections raised to idea of selling airports, making them for-profit
- Losing bidder for new search-and-rescue aircraft takes Canadian government to court
- Delta Airlines wins right to appeal ruling in complaint involving obese passengers
- ANTONOV Airlines transports turbofan engine to grounded aircraft in Canadian Arctic
- Drones expected to fly missions from Canadian naval ships within decade
- False baggage claims at Edmonton airport result in charges for two men
- Fixed-wing SAR: Déjà vu all over again?
- TSB not ruling out weather as factor after plane slides off runway in Toronto
- Plane accident at Parkland Airport
- CATSA wants to help passengers breeze through security at YQB during March Break
