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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April 17, 2021 – TSB concludes interrupted checklist procedures led to Dryden runway excursion

April 17, 2021

TOP STORY Interrupted checklist procedures led to Dryden runway excursion   Canada Labour Code Forward Regulatory Plan The issue of exemptions and modifications to the Hours of Work provisions under Part III of the Canada Labour Code is resurfacing, with the Labour Program planning to resume its consultation process. The regulations are set to be developed in two phases, broken up by industry. Regulatory consultations were ongoing at the time COVID-19 hit and an indefinite pause was put on the process, particularly with respect to the aviation industry. The industries included in Phase 1 have already seen draft regulations, and publication…

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April 10, 2021 – Air Transat seeking $500 million in government aid

April 10, 2021

TOP STORY Air Transat seeking $500 million in government aid   CTA DECISIONS Suspension – Cornerstone Aviation, LLC c.o.b. Skyline Flight – Order No. 2021-A-S-79 License No. 190028 Suspension – West Coast Air Ltd. c.o.b. Harbour Air – Determination No. A-2021-51 License No. 962204 Suspension – Linhas Aereas S.A. c.o.b. LATAM Airlines Brasil – Order No. 2021-A-S-59 License No. 080085 Suspension – Linhas Aereas S.A. c.o.b. LATAM Airlines Brasil – Order No. 2021-A-S-60 License No. 150022 Suspension – Erin Air, Incorporated – Order No. 2021-A-S-72 License No. 990152 – license reinstated effective April 8, 2021 Suspension – Lan Cargo S.A….

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March 27, 2021 – Canada’s WestJet restores routes as COVID-19 shots raise hope of summer travel

March 27, 2021

TOP STORY WestJet leads domestic recovery with the addition of 11 new routes   CTA DECISIONS Suspension – Lawrence John Swanton & Christina Marian Swanton – Determination A-2021-46 License No. 110059 Accessible Transportation Complaint – Naima Iskander against Compagnie Nationale Royal Air Maroc regarding her disability-related needs – Determination No. 21-AT-A-2021 Application filed pursuant to subsection 172(1) of the CTA, that there was an undue obstacle to the mobility of a person with a disability – Applicant alleged she did not receive wheelchair assistance for all of the flight segments operated by the Respondent – Agency found that applicant had…

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March 20, 2021 – Unions demand Trudeau government help for Canadian airlines

March 20, 2021

TOP STORY Workers mark the one-year anniversary of federal inaction on aviation   DECISIONS Small claims suit, lost baggage – Hulewicz v. Flair Airlines Ltd., 2021 BCCRT 287 Applicants sought damages under the Canada Transportation Act and Air Passenger Protection Regulations for lost bag and its contents, for approximately $2,500 in total – respondent airline argued the Civil Resolution Tribunal (“CRT”) did not have jurisdiction over the dispute, as the Canadian Transportation Agency (“CTA”) had sole jurisdiction – CRT disagreed, and found the claim was within the CRT’s jurisdiction – respondent argued terms in tariff limited compensation for lost baggage…

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March 13, 2021 – WestJet cancels orders for 15 Boeing 737 Max planes as industry struggles

March 13, 2021

TOP STORY WestJet cancels orders for 15 Boeing 737 Max planes as industry struggles   CTA DECISIONS Suspension – DHL Air Ltd. c.o.b. DHL Air – Determination No. A-2021-39 Application for license to operate a scheduled international service in accordance with the Agreement between the Government of Canada and the Government of the United Kingdom of Great Britain and Northern Ireland concerning Air Services, initialled November 30, 2018 – application issued pursuant to conditions Suspension – DHL Air Ltd. c.o.b. DHL Air – Determination No. A-2021-38 Application for license to operate a non-scheduled international service to transport traffic on a…

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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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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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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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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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