TOP STORY
ATAC Asks Garneau to Align Canadian Flight and Duty Times with U.S. Regulations
DECISIONS
- Application – Costs – Pacific Aviation Academy of British Columbia v Hassan, 2018 BCSC 979
Judicial review decision had set aside judgement in default and referred action back to Provincial Court, with costs for the petitioners – Respondent argued costs should be awarded to successful party at Provincial Court – No reason to divert from established practice to award cost to successful party – Respondents awarded costs on application in addition to those on judicial review
Judicial review decision: Pacific Aviation Academy of British Columbia v Hassan, 2017 BCSC 1259 - Small Claims – Passenger Complaint – Herbert c. Air Canada, 2018 QCCQ 3310
Passenger claimed $14,911.59 damages for mishandling of bicycle box delivered 17 days late, forcing passenger to postpone cycling tour – Air Canada admitted to liability for delay and loss of baggage but limited to out-of-pocket expenses, offering $1,425.50 – Amounts claimed subject to Montreal Convention and proper evidence – Loss of enjoyment of vacation time not excluded by Article 29 of Montreal Convention – Total proven compensable damages amounted to $4,913.10 but limited to $2,273.33 under Montreal Convention, no evidence of intentional or reckless conduct to justify not applying the limitation of liability – Air Canada also liable for loss of baggage items to $531.99 - Review – Monetary Penalties – Orca Airways Ltd. v. Canada (Minister of Transport), [2017] C.T.A.T.D. No. 32
Applicant sought review of notice of defective equipment and $20,000 penalties issued by Minister of Transport – Applicant found in breach of the Aeronautics Act and Canadian Aviation Regulations – Applicant’s attitude cavalier toward process rather than safety – Total monetary penalties reduced from $20,000 to $14,000 - Appeal – Permanent Impairment – Decision No. 1525/18, 2018 ONWSIAT 1746
Worker injured when trolley he was pushing tipped over onto worker’s foot – Worker claimed prior lower back injury aggravated by foot injury – Case Manager denied ongoing entitlement for permanent impairment from foot injury, as well as secondary entitlement for back injury, confirmed on appeal – No evidence of ongoing organic injury in foot or significant deterioration of pre-existing back condition – Denied - Grievance – Termination – Preliminary Objection – Sunwing Airlines Inc. and CUPE, Local 4055 (Carrasqueiras), Re, 2018 CarswellOnt 9136
Preliminary Objection – Termination was untimely – Dismissed
CIRB DECISIONS
- Certification – Allied Aviation Fueling of Toronto ULC – Order No.: 11286-U
IAMAW – all fueling maintenance personnel of Allied Aviation Fueling (Toronto) working at YYZ, excluding supervisors and those above rank of supervisor - Reasons for Decision – Innotech Aviation Limited – 2017 CIRB 862
Interim Order to suspend raid period – Dismissed
CANADIAN TRANSPORTATION AGENCY DECISIONS
- Application – Swoop Inc. c.o.b. Swoop – Determination No. A-2018-141
Pursuant to section 61 of the Canada Transportation Act, S.C., 1996, c. 10, as amended - Application – Swoop Inc. c.o.b. Swoop – Determination No. A-2018-140
Pursuant to subsection 73(1) of the Canada Transportation Act, S.C., 1996, c. 10, as amended - Application – Air Labrador Ltd. c.o.b. Air Labrador – Determination No. A-2018-139
Cancellation of Licence No. 100105 - Application – Gemini Heli Ltd. – Determination No. A-2018-135
Pursuant to section 61 of the Canada Transportation Act, S.C., 1996, c. 10, as amended - Application – Minipi Aviation Ltd. – Determination No. A-2018-137
Continue the suspension of Licence No. 050072 - Application – Binter Canarias, SA c.o.b. Binter Canarias – Determination No. A-2018-136
Pursuant to subsection 69(1) of the Canada Transportation Act, S.C., 1996, c. 10, as amended - Application – DC Aviation – Order No. 2018-A-108
Exemptions from paragraph 33.1(b), subparagraph 73(2)(c)(i) and section 33.2 of the Air Transportation Regulations, SOR/88-58, as amended - Application – Kalinin Aviation, LLC c.o.b. Alaska Seaplanes – Order No. A-2018-130
Pursuant to subsection 69(1) of the Canada Transportation Act, S.C., 1996, c. 10, as amended - Application – White River Helicopters Inc. – Determination No. A-2018-128
Cancellation of License no. 962207 - Application– Oak Air, Ltd. – Order No. 2018-A-107
Exemption from section 103.3 Air Transportation Regulations, SOR/88-58, as amended - Application – Air Direct – Determination No. A-2018-129
Suspension of Licensee no. 050027 - Application – Anderson Aviation (2002) Ltd. – Determination No. A-2018-131
Suspension of License No. 030164 - Suspension – Francois Paquin c.o.b. Paquin Aviation Enr. – Order No. 2018-A-110
License No. 962305 - Suspension – Niagara Falls Air Tours Inc. – Order No. 2018-A-109
License no. 150066
TC/TSB NEWS
- Investigation Report: Loss of Control and Collision with Terrain of a Robinson R44 helicopter, October 2017, Campbell River, BC
- TSB Deploys a Team of investigators to Calgary International Airport, Alberta
- Minister Garneau Announces Appointments and Reappointments in the Transportation Sector
- The Canadian Transportation Agency Launches In-person Air Passenger Protection Consultations
- TC MMEL
- Canadian Airworthiness Directives
- Foreign Airworthiness Directives
INDUSTRY ASSOCIATION NEWS
- AFA: Separated Families Intersecting with Aviation
- AFA: TSA: Fliers Will Face More Scrutiny for Powders in Carry-on Bags
- AIAC: 2018 State of Canada’s Aerospace Industry Report: Aerospace Remains National Innovation Leader
- ATAC: Air Industry Association Asks Minister Garneau to Align Canadian Flights and Duty Times with US Regulations
- CBAA: Irving Oil Transport Wins CBAA Safety Awards in Multiple Categories
- CBAA: CBAA Launches Biz Av YTI, a New Initiative to Attract Young Professionals
- CBAA: CBAA Appoints 2018-2019 Chair and Board of Directors
- CBAA: 2018 Recipients of the Schedulers & Dispatchers Scholarship Recognized at CBAA 2018
- COPA: Pilots Blunder into Airshow Airspace
- COPA: President’s Corner – July 2018
- ICAO: Beijing Convention to Enter into Force on 1 July 2018
- ICAO: Nepal’s Heightened ICAO Compliance Results in Council President Certificate
- OAC: Aero Montreal Newsletter 2018
UNION NEWS
- ALPA: WestJet Pilots Secure Swoop Flying
- APA: Board of Directors Concludes Spring Meeting
- CUPE: Airport Layoffs Hurt Service, Safety
- UNIFOR: Unifor Opposes Pearson Airport Ride Service Pick Up
- UNIFOR: Members at Flair Airlines Reject Tentative Agreement
- UNIFOR: Air Canada Customer Sales and Service Agents: Bargaining Survey
- UNIFOR: Aeroplan Districts 104 & 404: Upcoming Proposal Meetings and Surveys
- UNIFOR: Air Georgian Members Say “Yes” to First Collective Agreement
- UCTE: UCTE Applauds TSB Comments re SMS
AVIATION MEDIA
- Bombardier Commits Millions to Aerospace Hub in Downsview
- Canada’s Airlines and Airports Fare Badly in World Ranking
- Canada’s Aviation Hall of Fame Welcomes 2018 Inductees
- Contractor That Operates Thousands of Air Canada Flights Had Faulty Maintenance, Safety-Management: Federal Investigation
- CUPE Files Complaint in Ongoing Dispute with WestJet
- Flair Airlines Claims a New Hometown
- Former Air Canada Employees Allege Harassment Culture, Intimidation
- Human Feces did not Fall from Planes in BC, Transport Canada Says
- In-person Consultations for Airline Passenger Bill of Rights Launch Thursday
- Jetlines Appoints ULCC Expert as Chief Commercial Officer
- Optimism Abounds in Business Aviation
- Reduce Taxes, Fees to Grow Canada’s Airline Industry: Study
- Swoop Receives Air Operator Certificate Approval from Transport Canada
- TSB Investigating after Small Fire Breaks Out on WestJet Flight
- TSB Reiterates Call for Flight Recording Devices
- Uber, Lyft Now Welcome at Toronto’s Pearson International Airport
- WestJet Enters the Ultra-low-cost Flying Space with Swoop
- YVR Investing $9.1 Billion into Airport under 20-year Blueprint