Echo Hotel Aviation Law Briefings

UPGRADE YOUR AVIATION INDUSTRY KNOWLEDGE

WITH OUR ECHO HOTEL AVIATION NEWSLETTER 

This weekly briefing series outlines recent decisions and news that affect the aviation sector.

The articles listed below are intended to provide readers with general information. They should not be regarded or relied upon as legal advice or opinion.

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October 24, 2020 – Report: Trudeau Government preparing airline bailout package

October 24, 2020

TOP STORY Federal cabinet readies airline bailout package   CTA DECISIONS Suspension – Airborne Aircraft Management, LLC c.o.b. Seattle Aircraft Charter – Order No. 2020-A-177 License no. 190020 Application – Türk Hava Yollari Anonim Ortakligi (Turkish Airlines Inc.) carrying on business as Turkish Airlines and Turkish Cargo (Turkish Airlines), on behalf of itself and ACT Havayollari A.S. (ACT Airlines Inc.) carrying on business as ACT Airlines (ACT Airlines) – Determination No. A-2020-179 Application for license to provide scheduled international service, all-cargo aircraft, between Turkey and Canada using two aircraft with flight crew provided by ACT Airlines, until September 11, 2021…

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October 17, 2020 – WestJet cuts ‘just the leading edge’ if feds don’t provide aid to airlines: experts

October 17, 2020

TOP STORY WestJet indefinitely suspends flights across Atlantic Canada and to Quebec City   CTA DECISIONS Request to Extend Order No. 2020-A-105 by Air Canada – Letter Decision No. LET-A-66-2020 Agency extended the period of temporary exemption from the provisions of section 64 of the CTA and section 14 of the Air Transportation Regulations for all carriers that hold a domestic license – air services may be or remain suspended without carriers’ having to provide the normal 120 days of notice or engage in consultations regarding those sections – Agency also extended order to permit any carrier that has provided…

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October 10, 2020 – Pilots preferred reduced hours and pay cuts to pandemic layoffs

October 10, 2020

TOP STORY WestJet pilots agreed to take 50% hit to their compensation to help preserve jobs   COVID-19 UPDATES Canada recovery benefits legislation receives assent   DECISIONS Motion to strike judicial review application – Air Passenger Rights v. Canada (Transportation Agency), 2020 FCA 155 Canadian Transportation Agency (CTA) brought motion to strike judicial review application filed by Air Passenger Rights (APR) – application related to two statements made on the CTA website prompted by the COVID-19 pandemic with respect to providing vouchers to passengers when flights are cancelled – CTA unable to identify any precedent that clearly supports its position…

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October 3, 2020 – National Airlines Council of Canada supports call by major unions for sectoral assistance

October 3, 2020

TOP STORY NACC supports call by major unions for sectoral assistance   CTA DECISIONS Application – Cargojet Airways Ltd. c.o.b. Cargojet Regional – Determination No. 2020-169 Application for a license to operate a scheduled international services, all-cargo aircraft – Agency issues the license. Suspension – Buffalo Aerial Services Ltd. – Determination No. A-2020-168 Application to continue the suspension of License No. 050028 – reasons provided in support of the Licensee’s request warrant continued suspension. Suspension – Wells Gray Air Services Ltd – Order No. 2020 A-148 License suspended pursuant to subsection 63(1) of the CTA. Cancellation – Air Liaison Inc….

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September 26, 2020 – Airlines demand concrete plan for financial aid following Throne Speech

September 26, 2020

TOP STORY Airlines demand concrete plan for financial aid following Throne Speech   DECISIONS Grievance, holiday pay – Air Canada Pilots Association v Air Canada, 2020 CanLII 68783 (CA LA) Union grieves that Pilots are entitled to holiday pay pursuant to Part III of the Canada Labour Code – Arbitrator found employees had substituted their general holidays for dates selected under Article 19.02.02 of the Collective Agreement – Arbitrator further concluded employees had not made themselves available for work, and therefore did not meet the conditions for the receipt of holiday pay under the Code – grievance dismissed.   CTA DECISIONS Suspension – CD Pilot and Aircraft…

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September 19, 2020 – Government receives over 310,000 requests for safe plan to restart travel and tourism

September 19, 2020

TOP STORY Letter campaign calls for safe plan to restart travel and tourism   CTA DECISIONS Application – Sander Geophysics Limited – Determination No. A-2020-161 Application for license to operate a non-scheduled international service, small aircraft – license issued. Application – Sander Geophysics Limited – Determination No. A-2020-162 Application for license to operate a domestic service, small aircraft – license issued. Application – Swoop Inc. – Determination No. A-2020-159 Application for license to operate a scheduled international service, large aircraft – license issued. Application – Swoop Inc. – Determination No. A-2020-160 Application for license to operate a scheduled international service,…

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September 12, 2020 – WestJet says it cancelled a Calgary to Toronto flight because passengers refused to comply with mask policy

September 12, 2020

TOP STORY Airline cancels flight due to passengers’ refusal to comply with mask policy   CTA DECISIONS Suspension – Moser Aviation, LLC – Order No. 2020-A-144 License No. 120036 Application – Elevation Helicopters Ltd – Determination No. A-2020-158 Application for license to operate a domestic service, small aircraft – license issued pursuant to section 61 of the Canada Transportation Act.   TC/TSB NEWS Airworthiness directives DASH 8-400 (Q400) forward cowl door departure from the aircraft on take-off – Civil Aviation Safety Alert No. 2020-08   INDUSTRY ASSOCIATION NEWS ATAC – ATAC announces the departure of Darren Buss COPA – Canadian drone company announces milestone COPA – Poor fuel truck design…

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September 5, 2020 – Passengers fined for failure to wear face coverings during flight

September 5, 2020

TOP STORY Transport Canada fines two individuals for failing to follow direction from the flight crew to wear face coverings during flight   COVID-19 UPDATES FAQ: Return to School and Requests for Accommodation on the Grounds of Family Status in the Workplace   CTA DECISIONS Suspension – Northern Air Transport, Inc cob SelectJet – Order No. 2020-A-142 License No. 977086, reinstated effective September 3, 2020 Application – Nichols Outfitting Inc. – Determination No. A-2020-155 Application for suspension granted pursuant to paragraph 63(2)(b) Application – TAG Aviation San Marino S.r.l – Determination No. A-2020-156 License issued to operate a non-scheduled international…

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August 29, 2020 – Airlines face possible refund class action lawsuit

August 29, 2020

TOP STORY Airlines face possible class action lawsuit as passengers fight for refunds   CTA DECISIONS Suspension – Sunrise Aviation, Inc. – Determination No. A-2020-154License No. 970034 Suspension – Reno Flight Services, Inc cob Emergency Airlift – Order No. 2020-A-140 License No. 090024 Suspension – Grand Falls Aviation Service Ltd. – Order No. 2020-A-138 License No. 962039 Suspension – Eagle Air Inc. – Order No. 2020-A-139 License No. 990049, reinstated effective August 25, 2020 Application – Loon Air Inc. – Determination No. A-2020-153 License issued to operate a non-scheduled international service, small aircraft, to transport traffic on a charter basis…

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August 22, 2020 – Federal government releases Canada’s Flight Plan for Navigating COVID-19

August 22, 2020

TOP STORY Government of Canada releases Canada’s Flight Plan for safe air travel   DECISIONS Grievance, interpretation of Article 12.05(e) – Jazz Aviation LP v Canadian Flight Attendant Union, 2020 CanLII 57429 (CA LA) Union grieved that Article 12.05(e) of the collective agreement required the payment of severance pay for flight attendants in receipt of a notice of layoff – arbitrator made decision based on clear language of Article 12.05(e) – decision: severance payments pursuant to Article 12.05(e) are only payable where the reason for the notice of layoff is one of the enumerated grounds under Article 12.13.   CTA DECISIONS…

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