November 28, 2020 – Canada’s airline industry still waiting for financial-support package from Ottawa

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Canada’s airline industry still waiting to be bailed out by Ottawa

 

 DECISIONS

  • Class action certification – Donaldson v. Swoop Inc2020 FC 1089Plaintiff seeks certification and appointment as the representative Plaintiff in a proposed class action against the Defendants, WestJet Airlines Ltd, Swoop Inc, Sunwing Airlines Inc, Air Canada and Air Transat, for a refund of the original forms of payment for aircraft contracts allegedly frustrated by the pandemic – Plaintiff confirmed bookings for air travel with WestJet, and did not receive a refund of her prepaid form of payment, but was instead offered future credit against travel – the case was not based on or recognized by any statute, regulation or applicable federal common law principle – Court held it did not have jurisdiction, and the Plaintiff’s Statement of Claim should be struck without leave to amend

 

CTA DECISIONS

  • Suspension – Aeronexus Corporate (PTY) Ltd. – Order No. 2020-A-S-53License No. 150067 – license reinstated November 26, 2020
  • Application – North Point Helicopters Ltd, domestic license – Determination No. A-2020-189Application for a license to operate a domestic service, small aircraft – license issued pursuant to section 61 of the CTA
  • Application – Joint Stock Company “Air Baltic Corporation” – Determination No. A-2020-191Application for a license to operate, through code sharing, scheduled international services in accordance with the Agreement on Air Transport between Canada and the European Community and its Member States – license issued pursuant to subsection 69(1) of the CTA – license subject to conditions pursuant to subsection 71(1) of the CTA
  • Suspension – Precision Aviation, Inc – Order No. 2020-A-S-52License No. 030033 – license reinstated November 24, 2020
  • Reasons for Decision No. LET-A-66-2020, extending Order No. 2020-A-105 to temporarily exempt domestic license holders from the advance notice requirements of section 64 of the CTA – Order No. 2020-A-185CTA found it appropriate to provide a further extension of the suspension of section 64 of the CTA and section 14 of the ATR to March 31, 2021, subject to certain limitations
  • Suspension – Southwest Aircraft Charter, L.C. c.o.b. Southwest Aircraft Charter – Order No. 2020-A-S-51License No. 180022
  • Suspension – Liberty Jet Management Corp. c.o.b. Liberty Jet – Order No. 2020-A-S-49License No. 070014 – license reinstated November 25, 2020

 

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