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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July 24, 2021 – Canada’s major airlines look forward to re-opening of border

July 24, 2021

TOP STORY Canada’s major airlines look forward to re-opening of border   DECISIONS Application, delayed baggage – Maruf v. Air China Limited, 2021 BCCRT 796 Application for compensation for delayed baggage pursuant to the Montreal Convention – Civil Resolution Tribunal (CRT) concluded Air China responsible for delayed baggage, and liable for damages due to delay of applicant’s baggage – CRT awarded applicant $600.00 in damages   CTA DECISIONS Application – Drone Delivery Canada Corp. – Determination No. A-2021-115 Application for Canadian Transportation Agency (Agency) for a temporary license to operate a domestic service, all-cargo aircraft – Agency issued temporary license,…

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July 17, 2021 – Canada ready to invest up to $440 million in green aerospace projects, Trudeau says

July 17, 2021

TOP STORY Canada ready to invest up to $440 million in green aerospace projects, Trudeau says   DECISIONS Application for Judicial Review – Lukács v. Canada (Transportation Agency), 2021 FCA 141 Dr. Gábor Lukács challenged a decision by Transport Canada purporting to allow Air Transat A.T. Inc. (Air Transat) to credit payments it made to passengers towards penalties owing to the Receiver General for Canada for tarmac delays – Air Transat brought interlocutory motion to dismiss challenge on basis that Dr. Lukács lacks standing – Federal Court granted Air Transat’s motion – Dr. Lukács appealed decision – Federal Court of…

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July 10, 2021 – Easing of border restrictions falls short, travel and tourism industry members say

July 10, 2021

TOP STORY Easing of border restrictions falls short, travel and tourism industry members say   CIRB DECISIONS Bargaining Unit Order – Autocar Préférence Ltd. – Order No. 11623-U Teamsters Québec, Local 106 – all drivers working from the Terrebonne office of Autocar Préférence Ltd., excluding the dispatcher, the directors and senior management Bargaining Unit Order – Canadian Broadcasting Corporation – Order No. 11624-U Syndicat des travailleuses et travailleurs de Radio-Canada – all personnel working for the Canadian Broadcasting Corporation in the province of Quebec and in Moncton, New Brunswick, excluding personnel covered by other certification orders, producers, supervisors and similar…

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July 3, 2021 – Air Canada wants $2.5 million passenger refund DOT fine dropped

July 3, 2021

TOP STORY Air Canada wants $2.5 million passenger refund DOT fine dropped   DECISIONS Stay of proceeding – Leblanc c. Air Transat AT inc., 2021 QCCQ 4725 Stay of proceeding – Béland c. Compagnie Transat, 2021 QCCQ 4458 Claim for refund of plane tickets cancelled due to COVID-19 pandemic – Defendant sought stay of proceeding pending decision in ongoing class actions in Quebec and British Columbia raising same issues – Plaintiff made no representation on the request for stay – Court found actions similar in context, remedies sought and legal issues – lack of evidence that stay would seriously prejudice…

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June 19, 2021 – Canada-U.S. border restrictions to remain in place until at least July 21

June 19, 2021

TOP STORY Canada-U.S. border restrictions extended until July 21   CTA DECISIONS Suspension – Uzbekistan Havo Yullary c.o.b. Uzbekistan Airways – Order No. 2021-A-S-152 License No. 010139 Suspension – 1949311 Ontario Ltd. c.o.b. Plumridge Air – Determination No. A-2021-88 License No. 170017 Application – ABS Jets, a.s. – Determination No. A-2021-89 Application for a license to operate a non-scheduled international service to transport traffic on a charter basis between Czech Republic and Canada – Agency issued the license subject to conditions Suspension – AirDialog c.o.b. Linear Air – Order No. 2021-A-S-154 License No. 040122 Suspension – Clifford S. Kamm c.o.b….

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June 12, 2021 – Transport Committee says Canada’s aircraft certification process needs to be ‘even more robust’

June 12, 2021

TOP STORY Transport Committee says Canada’s aircraft certification process needs to be ‘even more robust’   CTA DECISIONS Suspension – Seattle Seaplanes, LLC – Order No. 2021-A-S-148 License No. 967324 Suspension – 26 North Aviation Incorporated – Order No. 2021-A-S-149 License No. 110025 Application – Advanced Airborne Applicators Ltd. – Determination No. A-2021-83 Application for license to operate a domestic service, small aircraft – Agency issued the license   TC/TSB NEWS Airworthiness directives   INDUSTRY ASSOCIATION NEWS CAC – Airports Council urges President Biden, Prime Minister Trudeau, and G7 leaders to support the development of interoperable digital health passes at…

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June 5, 2021 – North American airlines push for restart of Canada – US transborder aviation market

June 5, 2021

TOP STORY North American airlines push for restart of Canada – US transborder aviation market   CTA DECISIONS Application – ACADEMIE DE PILOTAGE INTERNATIONALE INC. c.o.b. INTERNATIONAL PILOT ACADEMY – Determination No. A-2021-81 Application for a license to operate a non-scheduled international service, small aircraft, to transport traffic on a charter basis between Canada any other country – license issued subject to prescribed conditions Application – ACADEMIE DE PILOTAGE INTERNATIONALE INC. c.o.b. INTERNATIONAL PILOT ACADEMY – Determination No. A-2021-82 Application for a license to operate a domestic service, small aircraft – Agency issued the license Suspension – Grande Aviation LLC…

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May 29, 2021 – Airline carriers call for re-start plan

May 29, 2021

TOP STORY Airline carriers call for re-start plan   DECISIONS Grievance – Air Canada v CUPE, Air Canada Component, 2021 CanLII 43613 (CA LA) Grievance for the number of sheets, blankets and pillowcases Air Canada is required to provide cabin crew on applicable flights – Company argued a long and consistent practice of providing one sheet, one pillowcase, and one blanket for each flight where a crew bunk kit was to be provided – in the alternative, Company took the position that the language in the collective agreement was ambiguous – grievance allowed, collective agreement requirement completely clear that flight…

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May 22, 2021 – Canada’s largest airlines push Ottawa for vaccinated travellers

May 22, 2021

TOP STORY Canada’s largest airlines push Ottawa for vaccinated travellers   CTA DECISIONS Suspension – Dreamline Aviation, LLC – Order No. 2021-A-S-128 License No. 100093 Application – Northern Edge Aviation (2014) Inc. – Determination No. A-2021-76 Application for license to operate a domestic service, small aircraft – applicant issued the license pursuant to section 61 of the Canada Transportation Act Application – Jaron Wu, Chin-Kuenn Wu and Hoo Haw Wu against Air Canada – Decision No. 31-C-A-2021 Application against respondent regarding delayed baggage following applicants’ journey from Singapore to Toronto on April 4, 2019 – applicants sought compensation in $1,079.15…

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May 15, 2021 – Minister of Transport introduces new funding programs to support Canada’s airports

May 15, 2021

TOP STORY Minister of Transport introduces new funding programs to support Canada’s airports   CTA DECISIONS Suspension – Euroatlantic Airways-Transportes Aéreos, S.A. c.o.b. Euroatlantic Airways – Order No. 2021-A-S-114 License No. 000178 Cancellation – Unaalik Aviation (2004) Inc. c.o.b. Unaalik Air – Determination No. A-2021-72 License No. 080060 Suspension – Global Jet Austria GmbH – Order No. 2021-A-S-116 License No. 180070 – license reinstated effective May 12, 2021 Suspension – Global Jet Luxembourg S.A. – Order No. 2021-A-S-115 License No. 160004 – license reinstated effective May 12, 2021 Suspension – Kabeelo Airways Ltd. – Determination No. A-2021-71 License No. 972226…

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