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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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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October 16, 2018 – Airlines in Canada ‘on the precipice of something bad,’ say critics

October 16, 2018

TOP STORY Airlines in Canada ‘on the precipice of something bad,’ say critics   DECISIONS OPSEU and Ontario (Ministry of Natural Resources and Forestry), 2018 CarswellOnt 16222 Helicopter pilot grieves poisoned and toxic work environment – vexatious comments and conduct of chief pilot – preliminary – determining appropriate scope of evidence – three-year rule for evidence in prolonged harassment – flexible rule – decision: 3 years and 6 months of evidence allowed Garda Security Screening Inc. and USW, 2018 CarswellOnt 16476 Pre-boarding screening services collective bargaining – YOW – Referral to interest arbitration – monthly bonus cost-of-living adjustment awarded: new…

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October 11, 2018 – Air Canada prohibits cannabis use among staff

October 11, 2018

TOP STORY Air Canada prohibits cannabis use among staff   DECISIONS Bell v Civil Air Search and Rescue Association et al, 2018 MBCA 96 Appeal from judicial review – individual successfully reviewed association’s decision to suspend membership – Did court have jurisdiction to review membership decision in private organization? – court does not have jurisdiction – state decision making must be at issue – procedural fairness not reviewed in voluntary association except where property or civil right at issue – not at issue – appeal allowed BBA Aviation, PLC v. BBA Remanufacturing Inc., 2018 COMC 94 BBA aviation requested expunging of BBA…

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October 5, 2018 – ‘It’s time,’ says 1st indigenous woman in Canada to start an airline on her own

October 5, 2018

TOP STORY ‘It’s time,’ says 1st indigenous woman in Canada to start an airline on her own   CIRB DECISIONS Unfair labour practice – Innotech Aviation Ltd. – Order No. 31503-C Employer alleged that union, Innotech Aviation Limited Employees’ Association, gave service agreement to Unifor – union representation work without certificate – complaint dismissed – Unifor was not actually representing employees – no violation of Canada Labour Code   CTA DECISIONS Application – Thunderbird Airways, Inc – Order No. 2018-A-162 Exemption from section 103.3 of the Air Transportation Regulations, SOR/88-58   TC/TSB NEWS TSB deploys a team of investigators to a…

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