Echo Hotel Aviation Law Briefings

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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February 21, 2019 – Air Canada Hong Kong tail strike pilot five days out of simulator

May 15, 2019

TOP STORY Air Canada Hong Kong tail strike pilot five days out of simulator   DECISIONS Punitive damages for patent infringement – Airbus Helicopters S.A.S. v Bell Helicopter Textron Canada Limited – 2019 FCA 29 Appeal from $1 000 000 award of punitive damages – Bell Helicopter infringed Airbus patent – appeal dismissed – trial judge awarded damages based on reasonable assessment of facts and correct application of law Wrong jurisdiction – Basheer v Airport Terminal Services Canadian Company – 2019 HRTO 226 Applicant alleged discimination in employment based on age – respondent replied that Ontario tribunal had no jurisdiction – federal work and undertaking –…

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January 15, 2019 – New drone safety regulations announced following Gatwick kerfuffle

January 15, 2019

TOP STORY Minister Garneau unveils Canada’s new drone safety regulations   DECISIONS On board service managers – Air Canada v CUPE, AC Component – 2019 CanLII 96 (CA LA) Air Canada implemented the On Board Service Managers program (“OBSM”) – union filed multiple grievances alleging, amongst other things, demotion without just cause, interference with representation rights, improper use of crew rest facilities – OBSM program designed to enhance customer service – program imposed new workplace assessment process – union challenged program and results – arbitrator ruled that OBSM was valid program – allowed grievances in part – OBSM was reasonable,…

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December 14, 2018 – Service director conjures illness to avoid work, doesn’t make termination disappear

December 15, 2018

TOP STORY Air Canada and CUPE (JL) – 2018 CarswellOnt 19737 Termination grievance – Service director with 7 years of service and a 10-day suspension and final warning on record was terminated – abuse of sick leave – grievor was magician and performer – booked show conflicting with work schedule – attempted to make conflict work – day before conflict, grievor came down with neck pain – booked off – now free due to sick leave, performed at show on conflict day – just cause established, grievance dismissed – grievor’s record showed prior issues, demanded his “exemplary conduct” – grievor misled employer by…

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December 5, 2018 – Proposed changes to the Canada Labour Code

December 5, 2018

TOP STORY New Canada Labour Code amendments proposed   Decisions Harassment and administrative discharge – Air Canada v Unifor 2002 – 2018 CanLII 112823 Grievor discharged for not reintegrating to the workplace – grievor was harassed by several co-workers – granted workers’ compensation – compensation board eventually cleared for work – grievor did not feel she could continue to work – employer sensitive to concerns, but eventually discharged – arbitrator ruled dismissed grievance – also awarded grievor one years’ salary Denial of utility review – Fetaz, Re – 2018 CarswellAlta 2811 Power commission applied for approval to construct and operate wind turbines – applicants for…

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November 27, 2018 – Sky Regional pilots choose ALPA

November 27, 2018

TOP STORY Sky Regional Airlines – Order No. 11337-U Application for certification – Air Line Pilots Association received certification – bargaining unit description: all pilots employed by Sky Regional Airlines Inc., excluding Assistant Chief Pilots, managers and anyone above those ranks   CTA Decisions Application – Flair Airlines Ltd. c-o-b as Flair Air, on behalf of itself and Travel Service – Determination No. A-2018-248 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 – Select Aero Inc, c-o-b as Select Aero and Select Aviation – Determination No. A-2018-246 Pursuant…

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November 20, 2018 – A brand with Flair

November 20, 2018

TOP STORY A new Flair carrier   Decisions Pilot age discrimination – Bradley v Onni Group of Companies, 2018 BCHRT 250 Pilot applied for job as business pilot – application refused because company looking for “young guy” – pilot attempted to apply again – no response – pilot filed timely application with the Canadian Human Rights Commission (CHRC) – CHRC refused jurisdiction – pilot filed in British Columbia Human Rights Tribunal – company objected to timeliness of application – application allowed by tribunal – it is in the public interest to hear pilot’s complaint on its merits   CTA Decisions…

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November 13, 2018 – 747 skids off runway, aircraft sustains significant damage

November 13, 2018

TOP STORY TSB investigators in Halifax after 747 cargo jet goes off runway   CTA DECISIONS Application – Air Italy S.p.A. c-o-b as Air Italy – Determination No. A-2018-234 Pursuant to subsection 69(1) of the Canada Transportation Act Application – Air Italy S.p.A. c-o-b as Air Italy – Determination No. A-2018-233 Pursuant to subsection 73(2) of the Canada Transportation Act Application – WestJet on behalf of itself and Qantas Airways Limited – Determination No. A-2018-232 Pursuant to section 60 of the Canada Transportation Act, S.C., 1996, c. 10, as amended (CTA), and section 8.2 of the Air Transportation Regulations, SOR/88-58, as amended Application – Jet Airways (India) Limited, on behalf of itself and Hong Kong Airlines Limited –Determination No….

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November 6, 2018 – Criminal conviction for drone pilot

November 6, 2018

TOP STORY Criminal conviction for drone pilot   DECISIONS Security clearance – Malafouris v Canada (Transport), 2018 FC 1082 Employee of Securitas Transportation Aviation Security Ltd working at YUL revoked security clearance – judicial review of minister’s decision – employee Mexican national – requested to provide criminal background check from Mexican police – employee unable to comply – employee told to withdraw application – security pass surrendered at airport – mistaken belief of withdrawal – application denied – decision quashed – application was not complete and therefore not receivable CIRB DECISIONS Revocation of certificate – Alma Airport Inc. – Order No. 11330-U CUPE Local…

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October 31, 2018 – Non-resident worker in international airspace may have claim for psychological injury

October 31, 2018

TOP STORY Air Canada v British Columbia (Workers’ Compensation Appeal Tribunal), 2018 BCCA 387 Judicial review – Trial court allowed judicial review – Workers’ Compensation Appeal Tribunal (WCAT) refused flight attendant living in Manitoba workers’ compensation – flight attendant suffered psychological distress after incident on transpacific flight – claimed workers’ compensation –whether non-domiciled worker can claim for injury in international airspace – WCAT did not allow compensation – trial judge allowed – Court of Appeal agreed with trial judge – WCAT decision flawed – remitted to WCAT to consider again   CIRB DECISIONS Revocation of certification – Cargojet Airways Ltd. – Order No. 11327-U…

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October 23, 2018 – Airlines impose cannabis ban on pilots and cabin crew

October 23, 2018

TOP STORY Airlines impose cannabis ban on pilots and cabin crew   DECISIONS Security clearance – Del Vecchio v Canada (Attorney General) – 2018 FCA 168 Appeal – Federal Court refused judicial review – security clearance withdrawn by Director General, Aviation Security – security clearance required, operate business at airport – appeal dismissed – trial judge applied correct standard of review – risks associated with aviation safety if clearance remained valid reason for Director General to refuse Criminal – R v Dubé – 2018 QCCQ 6979 3 accusations, misfeasance against property – caused short circuits in Hydro transmission lines –…

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