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March 6, 2021 – Air Canada to offer refunds to passengers as part of potential bailout package

March 6, 2021

TOP STORY Air Canada to offer refunds to passengers as part of potential bailout package   CTA DECISIONS Application – FlexFlightApS – Determination No. A-2021-35 Application for a license to operate a non-scheduled international service to transport traffic on a charter basis between Denmark and Canada – license issued subject to conditions Application – Jeffco Aviation Ltd. c.o.b. Air JDS – Determination No. A-2021-33 Application for a license to operate a domestic service, small aircraft – license issued Application – Jeffco Aviation Ltd. c.o.b. Air JDS – Determination No. A-2021-34 Application for a license to operate a non-scheduled international service,…

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March 2, 2021 – A litigant’s disclosure obligations supersede a school board’s privacy obligations

March 2, 2021

A litigant’s disclosure obligations supersede a school board’s privacy obligations Gargari v. Toronto Catholic District Board School, 2020 ONSC 6903 Disclosure obligations in the context of litigation supersede a school board’s privacy obligations.   HUMAN RIGHTS Chilliwack Teachers’ Association v. Neufeld, 2021 BCHRT 6 The British Columbia Human Rights Tribunal held that a school board could be, in certain circumstances, responsible for a trustee’s discriminatory statements made outside of their duties. Beart v. Edmonton Public School Board, 2021 AHRC 3 The Human Rights Tribunal of Alberta ruled that the decision of the school board to accommodate an employee in response…

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February 27, 2021 – Transport Canada may consider banning Boeing 777s from airspace following engine fire

February 27, 2021

TOP STORY Transport Canada may consider banning Boeing 777s from airspace following engine fire   CTA DECISIONS Application – Aura Airlines, S.L. c.o.b. Gowair Vacation Airlines – Determination No. A-2021-32Application to license to operate a non-scheduled international service to transport traffic on a charter basis between Spain and Canada – license issued pursuant to conditions Suspension – Personas y Paquetes Por Aire S.A. de C.V. c.o.b. AirLink – Order No. 2021-A-S-34License No. 130073 Suspension – Thunderbird Airways, Inc – Order No. 2021-A-S-31License No. 110017 – license reinstated effective February 25, 2021 Suspension – Red Star Havacilik Hizmetleri A.S. – Order…

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February 20, 2021 – Airlines COVID-19 rescue negotiations at critical stage, sources say

February 20, 2021

TOP STORY Canadian airlines reportedly close to agreeing to bailout deal   CTA DECISIONS Suspension – Global Air Charters Inc. – Order No. 2021-A-S-27 License No. 170005 – order did not take effect as the licensee provided a valid certificated of insurance on February Application – 9215-4400 Québec Inc. c.o.b. as Univair Aviation – Determination No. A-2021-28 Application for license to operate a domestic service, small aircraft – license issued Application – 9215-4400 Québec Inc. c.o.b. as Univair Aviation – Determination No. A-2021-29 Application for license to operate a non-scheduled international service, small aircraft, to transport traffic on a charter…

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New Tort of Internet Harassment in Ontario

February 18, 2021

In Caplan v. Atas, 2021 ONSC 670, the Ontario Superior Court of Justice recognized the new tort of “harassment in Internet communications”. On January 28, 2021, Justice Corbett issued the decision, which arose from a consolidation of four proceedings, all of which related to a 20-year campaign of online defamation, harassment and abuse perpetrated by Ms. Atas. She targeted as many as 150 victims, both anonymously and pseudonymously. Her harassing behaviour targeted, among others, a former employer who had terminated her for cause and her former legal counsel, as well as their relatives. Ms. Atas’ unfounded allegations against these individuals…

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February 13, 2021 – Canadian cargo airline plans international expansion

February 13, 2021

TOP STORY Cargojet outlines fleet plans   CTA DECISIONS Application – Multiple air carriers – exemptions pursuant to paragraph 80(1)(c) of the CTA – Order No. 2021-A-3 Application by multiple air carriers for exemption from selection Air Passenger Protection Regulations of the pursuant to paragraph 80(1)(c) – exemptions granted Application – Hamilton Jetport Limited – Determination No. A-2021-22 Application for license to operate a domestic service, small aircraft – license issued Application – Hamilton Jetport Limited – Determination No. A-2021-23 Application for license to operate a non-scheduled international service, small aircraft, to transport traffic on a charter basis between Canada…

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Mandating COVID-19 Vaccinations in the Workplace

February 10, 2021

In Ontario, the COVID-19 vaccine rollout has begun. With doses of the vaccination now available for many individuals working in the health care, hospital and long-term care sectors, employers in these fields and beyond are considering whether immunization against COVID-19 should become a mandatory requirement in their workplace. No federal, provincial or local health authority has indicated that they will mandate vaccination, and the Chief Medical Officer of Health for Ontario, Dr. David Williams, has explicitly indicated that he does not intend to do so within the province. Accordingly, the decision regarding whether vaccination will be mandatory in a particular…

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February 6, 2021 – Air Canada ordered to pay compensation over missed flight

February 6, 2021

TOP STORY B.C. family to be compensated by Air Canada for missed flight   DECISIONS Small claims suit, flight delay – McNabb v. Air Canada, 2021 BCCRT (100) Applicants sought damages under the Canada Transportation Act and Air Passenger Protection Regulations – applicants’ first claim for damages for cancelled flight – claim dismissed, as flight was cancelled for safety-related issues – applicants’ second claim for damages for delayed flight, resulting in passengers missing connecting flight at last leg of the trip – Court found airline’s explanation for delay “vague” and “varying”, such that it did not prove the delay was…

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January 30, 2021 – Ailing aviation sector pleads for aid as Ottawa announces new travel restrictions

January 30, 2021

TOP STORY Ailing aviation sector pleads for aid as Ottawa announces new travel restrictions   CTA DECISIONS Application – Compass Airlines, LLC c.o.b. as Compass Airlines, Delta Connection and American Eagle – Determination No. A-2021-14 Applicant requested cancellation of the license – license cancelled Application – Hélinovations Inc. – Determination No. A-2021-15 Application for license to operate a domestic service, small aircraft – license issued subject to conditions Application – Hélinovations Inc. – Determination No. A-2021-16 Application for license to operate a non-scheduled service, small aircraft – license issued subject to conditions   TC/TSB NEWS Airworthiness directives Government of Canada…

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January 23, 2021 – Canada clears Boeing 737 Max for flight nearly 2 years after global grounding

January 23, 2021

TOP STORY Transport Canada officially lifts the ban on Boeing’s 737 MAX 8 planes   CTA DECISIONS Application – WestJet – Determination A-2021-13 Application for exemption from the application of section 59 of the CTA – exemption granted pursuant to paragraph 80(1)(c) of the CTA, subject to several conditions Application – 0869234 B.C. c.o.b. Streak Air – Determination No. A-2021-12 Application for license to operate a domestic service, small aircraft – license issued Application – Voluxis Limited – Determination No. A-2021-11 Application for license to operate a non-scheduled international service to transport traffic on a charter basis between the United…

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Supreme Court of Canada Upholds Finding that Illegal “Just Cause” Termination Provision Voids All Termination Provisions

January 22, 2021

As readers may recall from our previous Focus Alert, in June 2020, the Ontario Court of Appeal released its decision in Waksdale v. Swegon North America Inc., 2020 ONCA 391. The Ontario appellate court found that a termination provision in an employment agreement must be read as a whole and that, since one element of the termination provision violated the Employment Standards Act, 2000 (the “ESA”), the entirety of the termination provision was unenforceable – even though the employer had not sought to rely upon the unenforceable element. On January 14, 2021, the Supreme Court of Canada dismissed the employer’s application…

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January 21, 2021 – Search of Student’s Purse Uncovering Cocaine Not a Violation of Charter

January 21, 2021

Search of Student’s Purse Uncovering Cocaine Not a Violation of Charter R. v Calabretta, 2020 ONCJ 435 The Ontario Court of Justice determined that a student’s freedom from unreasonable search and seizure pursuant to section 8 of the Canadian Charter of Rights and Freedom was not violated when her purse was searched by an employee of the School Board. While the student attended her high school prom, the vice-principal performed a mandatory search of her purse and found two grams of cocaine. The Court held that, despite the absence of reasonable grounds for the search, the mandatory security search of bags at a…

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January 16, 2021 – Air Canada cuts jobs, drops capacity by 25%

January 16, 2021

TOP STORY Air Canada cuts jobs, drops capacity by 25%   CTA DECISIONS Application – Türk Hava Yollari Anonim Ortakligi (Turkish Airlines Inc.) c.o.b. as Turkish Airlines and Turkish Cargo (Turkish Airlines), on behalf of itself and ACT Havayollari A.S. (ACT Airlines Inc.) c.o.b. as ACT Airlines (ACT Airlines) – Determination No. A-2021-8 Turkish Airlines, on behalf of itself and ACT Airlinesto CTA for approval to permit Turkish Airlines to provide its scheduled international services, all-cargo aircraft, between Turkey and Canada using two aircraft with flight crew provided by ACT Airlines, until December 31, 2021 – application approved pursuant to…

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Details of Emergency Declaration and Impact on Ontario Employers Now Available

January 15, 2021

As we advised readers in our earlier Focus Alert, the Province of Ontario has declared a second provincial emergency in relation to the COVID-19 pandemic. In addition to the stay-at-home order that took effect as of 12:01 a.m. on Thursday, January 14, 2021, the government has now introduced a new regulation that amends the existing regulation setting out the rules in place when the current shutdown began on December 26, 2020. The following article summarizes the new or amended requirements applicable to various Ontario employers during the current state of emergency, which were effective as of January 14, 2021 and…

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Second Provincial Emergency Declared

January 13, 2021

On January 12, 2021, the Province of Ontario declared a second provincial emergency in relation to the COVID-19 pandemic under the Emergency Management and Civil Protection Act (EMCPA). As part of the declaration, the Province has issued a stay-at-home order and other, additional measures to attempt to reduce the mobility of Ontarians and slow the spread of the COVID-19 virus. The emergency declaration automatically expires 14 days after having been issued, but may be extended for an additional 14 days. The Ontario Government expects that the declaration, as well as all enhanced public health restrictions, will remain in place until…

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