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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July 31, 2018 – Canada’s small airports applaud Federal decision to invest in safety infrastructure

August 1, 2018

TOP STORY: Canada’s small airports applaud Federal decision to invest in safety infrastructure   DECISIONS Passenger Claim – Lost Baggage – Tremblay c. Air Canada, 2018 QCCQ 4823 Claim for $12,940 for lost baggage and consistent misinformation from air carrier – Awarded $3,611 for various claimed damages plus $2,000 in punitive damages due to failure to advise customers properly regarding baggage for three weeks CIRB DECISIONS Certification – Airport Terminal Services Canadian Company, Order No.: 11301-U IAMAW – All ramp agents, ramp crew chiefs (ramp leads), groomers and grooming crew chiefs (groomer leads) of Airport Terminal Services Canadian Company…

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July 25, 2018 – TSB Reports on Fatigue in the Transportation Sector

TOP STORY: Fatigue in Transportation Forum DECISIONS Judicial Review – Penalty for Negligence – Friesen v. Canada (Attorney General), 2018 FC 723 Helicopter pilot fined $1,000 for negligence and “likely to endanger the life or property of any person” for sliding helicopter between skaters – Decision confirmed on Appeal – Application for Judicial Review dismissed with costs – Appeal Panel was reasonable to have found SFO Certificate would have been reasonable additional step which Applicant failed to take before performing stunt Judicial Review – Security Clearance – Ramos v. Canada (Attorney General), 2018 FC 696 Cleaner at airport denied renewal…

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July 17, 2018 – WestJet, Swoop respond to possible unionization of flight attendants

TOP STORY WestJet, Swoop respond to possible unionization of flight attendants   DECISIONS Passenger Complaint – Missed Flight – Sabiq c. Turkish Airlines, 2018 QCCQ 4747 Claim for $4,500 due to missed flight – Airline not responsible for passenger missing scheduled departure – Dismissed Appeal – Deficit – Gignac and Porter Airlines, 2018 QCTAT 3290 Customer Service Agent claims 45% anatomic-physiological deficit due to diagnosis of fibromyalgia – Tribunal cannot decide on issue as not related to workplace accident in 2013 – Appeal dismissed   CANADIAN TRANSPORTATION AGENCY DECISIONS Application – Société Air France c.o.b. as Air France – Determination…

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July 10, 2018 – First Air and Canadian North Announce Merger

TOP STORY First Air and Canadian North plan to merge … again CANADIAN TRANSPORTATION AGENCY DECISIONS Application – WestJet – Determination No. A-2018-156 Pursuant to subsection 69(1) of the Canada Transportation Act, S.C., 1996, c. 10, as amended Application – WestJet – Determination No. A-2018-146 Pursuant to subsection 69(1) of the Canada Transportation Act, S.C., 1996, c. 10, as amended Application – WestJet – Determination No. A-2018-145 Pursuant to subsection 69(1) of the Canada Transportation Act, S.C., 1996, c. 10, as amended Application – WestJet – Determination No. A-2018-155 Pursuant to subsection 69(1) of the Canada Transportation Act, S.C., 1996, c. 10, as amended Application – WestJet –…

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July 4, 2018 – Lacking Eyes on the Skies

July 4, 2018

TOP STORY Nav Canada feeling effects of labour shortage   DECISIONS Judicial Review – Security Clearance – Haque v. Canada (Attorney General), 2018 FC 651 Pearson worker denied Security Clearance as was found to have associations with individuals with criminal records, among other charges – Review of procedural fairness and reasonableness of decision – Director General found to have relied on factors tainted with reviewable errors – Decision to be set aside and application for security clearance reconsidered Appeal – Denial of Entitlement – Decision No. 3015/17, 2018 ONWSIAT 1092 Employee appeal of denial of entitlement for chronic bronchitis –…

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June 27, 2018 – ATAC Asks Garneau to Align Canadian Flight and Duty Times with U.S. Regulations

June 27, 2018

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…

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June 13, 2018 – Airlines Struggle With Global Pilot Shortage

June 13, 2018

TOP STORY Airlines Struggle with Global Pilot Shortage DECISIONS Appeal – Lower Back Injury – Decision No. 2649/17, 2018 ONWSIAT 890 Appeal of three ARO decisions regarding back injury of AME in 2012 – Worker had pre-existing condition, however workplace accident aggravated condition – Employee granted ongoing entitlement on the basis that back did not return to pre-injury state – Other Appeals withdrawn CIRB DECISIONS Certification – Calm Air International LP – Order No.: 11275-U United Steelworkers – all employees of Calm Air International LP in the City of Thompson, the town of Churchill and the town Gillam,…

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June 6, 2018 – Employer Failed to Advise Employee Failure to Obtain AVOP Would Result in Administrative Termination

June 6, 2018

TOP STORY Lee and Air Canada, Re, 2018 CarswellNat 2459 Grievance – Unjust Dismissal – Connection System Coordinator alleged unjust dismissal when he was terminated for failing to obtain his AVOP designation – Employee attempted and failed examination three times, then was prevented from retaking test for one year – Employer failed to advise employee failure to obtain AVOP would result in administrative termination – Grievance allowed, employee reinstated – Time for additional submissions on remedy granted   DECISIONS Unfair Labour Practice – Discharge – United Food and Commercial Workers Canada Union, Local No. 401 v. Concorde Baggage Services Inc., 2018…

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May 29, 2018 – ALPA & Westjet Agree to Settlement Process

May 29, 2018

TOP STORY Settlement Process Reached Between WestJet Pilots and WestJet   DECISIONS Grievance – Meal Allowance – Canadian Union of Public Employees, Air Canada Component v Air Canada Rouge, 2018 CanLII 44930 Grievance regarding failure to pay meal allowance during mandatory training periods – Review of collective agreement language clearly connected meal allowance to duty on flights, not non-flight duty – Dismissed Preliminary Objection – Unjust Dismissal – Hogan and Air Spray (1967) Ltd., Re, 2018 CarswellNat 2154 Pilot complaint for unjust dismissal – Employer contended pilot was laid off and that lay-off was due to 25% reduction in provincial…

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May 24, 2018 – More Labour Turbulence as UNIFOR Votes for Strike Action at Flair

May 24, 2018

TOP STORY Members at Flair Airlines Have Spoken   DECISIONS Judicial Review – Regulations – Canadian Union of Public Employees v. Canada (Attorney General), 2018 FC 518 CUPE challenge of new Regulations stating how many flight attendants are required on passenger airplanes in proportion to passenger seats – CUPE alleged that Regulations were contrary to basic norms of procedural fairness and breached CUPE’s legitimate expectation to be meaningfully consulted – CUPE had the opportunity to participate in focused consultations regarding the challenged regulations and its input was acknowledged – No duty of procedural fairness owed by the Governor in Council…

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