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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August 1, 2020 – Slow virus containment delaying global air traffic recovery

August 1, 2020

TOP STORY Air travel expected to not recover before 2024 CIRB DECISIONS Bargaining Certificate – PAL Aerospace Ltd. – Order No. 11524-U ALPA – all pilots employed by PAL Aerospace Ltd., excluding managers, directors, vice-presidents, company chief pilots, chief pilot Curaçao, deputy chief pilots, training captains, supervisors and persons above the rank of supervisor   CTA DECISIONS Application – Binter Canarias, SA c.o.b. as Binter Canarias – Determination No. A-2020-143 Suspension of Licence No. 180054 Application – Cargolux Italia S.p.A. c.o.b. as Cargolux Italia – Determination No. A-2020-142 Pursuant to subsection 69(1) of the Canada Transportation Act, SC 1996, c 10…

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July 25, 2020 – PAL Aerospace pilots certified by ALPA

July 25, 2020

TOP STORY ALPA represents 60-Plus PAL Aerospace pilots   COVID-19 UPDATES Government extends COVID-19 Leave available under the Canada Labour Code by up to 8 weeks Canadian government proposes significant changes to emergency wage subsidy in Bill C-20   DECISIONS Grievance – Jurisdiction – Tremblay v. Ontario (Ministry of Natural Resources and Forestry), [2020] O.P.S.G.B.A. No. 11 Employer preliminary objection – argued grievance regarding discontinuation of salary allowance for managers in Aviation Services about job classification, and therefore outside Board’s jurisdiction – dispute over one aspect of compensation not a classification complaint – dismissed Workers’ Compensation – Continuation of Claim…

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July 18, 2020 – GTAA to eliminate 500 positions as part of restructuring

July 18, 2020

TOP STORY Toronto’s Pearson airport cuts 1/4 of staff due to reduced travel demand amid COVID-19 pandemic   DECISIONS Duty of Fair Representation – M.R. v Viking Air Limited, 2020 BCLRB 73 Complainant alleged Union breached its statutory duty of fair representation when it did not pursue a grievance on his behalf – claimed Union representation was arbitrary and discriminatory – some requests by employee not available or within the scope of Union’s representation – no evidence of intent to deceive or improper motives by Union – complaint dismissed Cancellation of Air Operator Certificate – 164061 BC Ltd. Wabusk Air v. Canada (Minister of Transport), [2020] C.T.A.T.D….

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July 11, 2020 – Breach of employer COVID-19 procedures ground for dismissal

July 11, 2020

TOP STORY Garda Security Screening Inc. v. IAM, District 140 (Shoker Grievance), [2020] O.L.A.A. No. 162   DECISIONS Appeal – Suitable Work – Decision No. 475/20, 2020 ONWSIAT 1014 Airport worker attended ER following workplace injury but no Form 8 filled out – employer offered modified work, refused by worker – worker attended physician 3 days later who filled out Form 8 – worker appealing decision of not granting her Loss of Earnings (LOE) benefits for two days preceding visit to physician – injury not severe, no restrictions recommended by ER – modified work found to be suitable – LOE benefits found…

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July 4, 2020 – Federal Government temporarily extends timelines for layoffs under the Canada Labour Code

July 4, 2020

TOP STORY Federal Government temporarily extends timelines for layoffs under the Canada Labour Code   DECISIONS Ticket Transferability – Dell v. Air Canada, 2020 BCCRT 708 Applicant sought reimbursement after Air Canada changed aircraft and connections on flight – Tickets purchased for codeshare flight between Lufthansa and Air Canada – Applicant argued flight operated by Air Canada “inferior” product than flight operated by Lufthansa that was originally purchased – Air Canada argued it has no obligation to guarantee aircraft or itinerary – Montreal Convention does not allow claims for emotional stress or inconvenience – Tickets purchased through Air Canada, Air Canada’s terms and conditions…

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June 27, 2020 – Airlines defend travel vouchers decision to House of Commons health committee

June 27, 2020

TOP STORY Airline execs double down on refund refusal amid parliamentary grilling   DECISIONS Appeal – Healthcare benefits – Loss of Earnings – Decision No. 411/20, 2020 ONWSIAT 951 Station Attendant for airline sustained lower back injury at work – entitled to acupuncture treatments – not entitled to reimbursement of TENS unit purchased after declared pain free – partial entitlement to Loss of Earnings based on refusal to accept suitable work – appeal allowed in part Appeal – Employer classification – Decision No. 310/20, 2020 ONWSIAT 961 Employer reclassified by Board from scientific and technical services to non-scheduled specialty air…

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June 20, 2020 – First passenger arrested for failing to wear a mask during flight

June 20, 2020

TOP STORY Guest smoking, not wearing mask, forces WestJet flight to land in Winnipeg on weekend   DECISIONS Transportation Security Clearance – Jackson v. Canada (Attorney General), 2020 FC 685 Employee denied Transportation Security Clearance and consequently administratively discharged of her position at airport – applied for judicial review of Minister’s decision – seeking stay of Minister’s decision pending decision in judicial review proceedings – no evidence that stay would reinstate employee – ordered judicial review application to be considered urgent matter under Updated Practice Direction and Order (COVID-19)   CIRB DECISIONS Bargaining Certificate – Envoy Air Inc. – Order No.: 11515-U Application for certification –…

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June 13, 2020 – Canada to introduce temperature checks at airports by the end of June

June 13, 2020

TOP STORY Airline temperature checks to become mandatory for travellers in Canada   COVID-19 UPDATES Ontario Government Announces Regional Approach to Stage 2 Reopening   DECISIONS Revised application – 9261-2738 Québec inc. c. Succession de Nadeau, 2020 QCCA 732 Appeal of decision dismissing request to revise original application – prescription period – concurrent proceedings – appeal dismissed Trial Reopening – Kitov Resources Corp. v Alpha Aviation Inc., 2020 BCSC 820 Plaintiff rented parking space at airport to store aircraft – parking agreement expired – aircraft not removed from airport property – consent order issued on summary trial to remove aircraft – plaintiff failed to…

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June 6, 2020 – Bombardier to lay off 2,500 aviation workers amid COVID-19 struggles

June 6, 2020

TOP STORY Bombardier to lay off 2,500 aviation workers amid COVID-19 struggles   COVID-19 UPDATES Ontario makes important changes to ESA rules related to temporary layoffs and constructive dismissals   CTA DECISIONS Suspension – Causey Aviation Service, Inc. – Order No. 2020-A-95 License No. 977017, license reinstated effective June 4, 2020 Application – Jet Up Aviation, LLC c-o-b Jet Up Aviation – Order No. 2020-A-94 Application for exemption from subsection 84(2) of the CTA, exemption granted Suspension – Thorburn Aviation Limited – Determination No. A-2020-108 License No. 962603 Suspension – Air Cargo Global, s.r.o – Order No. 2020-A-93 License No. 150073 Suspension – Berthelot Lake Lodge Inc. – Determination No. A-2020-107 License No. 972066…

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May 30, 2020 – Canadian airlines could ‘fail’ if forced to refund passengers, says transport minister

May 30, 2020

TOP STORY Canadian airlines could ‘fail’ if forced to refund passengers, says transport minister   COVID-19 UPDATES Arbitrator rules on employees’ entitlement to paid sick leave for COVID-19 related absences Canada Emergency Wage Subsidy Consultation and Changes   DECISIONS Application, Judicial Review – Air Passengers Rights v. Canada (Transportation Agency), 2020 FCA 92 Canada Transportation Agency (CTA) issued public statements suggesting airlines could provide passengers with vouchers rather than refunding monies passengers paid for tickets – Air Passenger Rights (APR), an advocacy group, commenced application for judicial review of Canada Transportation Agency’s statements – APR brought motion for an interlocutory order to…

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