September 19, 2017 – Patently unreasonable decision based on residency

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Air Canada v Workers’ Compensation Appeal Tribunal, 2017 BCSC 1609

Judicial Review – Residency
Flight attendant denied WCB benefits due to workplace injury which occurred outside province due to her residency in Manitoba and not BC – Decision found to be patently unreasonable as literal application used by WCAT results in different outcomes for flight attendants enduring same injury on same flight based on their place of residence – Decision quashed and remitted to WCAT for rehearing



  • Appeal – Class Action Certification – Simsek v. United Airlines, Inc., 2017 BCCA 316
    Appeal of refusal to certify class action over fuel surcharge – Upheld, no common issue identified appropriate to class proceedings
  • Motion to Stay – Jurisdiction – 744185 Ontario Incorporated v. Canada (Transport), 2017 FC 764
    Motion to determine jurisdiction of Court related to indemnity and negligence claims involving an airport – Dismissed, action arises from lease and obligations under the Airport Transfer Agreements over which Court has jurisdiction
  • Human Rights – Discrimination – Parsons v. Westjet Airlines, 2017 HRTO 1160
    Tribunal issued Notice of Intent to Dismiss (NOID) for incomplete application – Claimant given three extensions to file additional materials in response to NOID, did not – Application deemed abandoned and dismissed
  • Appeal – Denial of LOE – Decision No. 1307/17, 2017 ONWSIAT 1886
    Baggage handler denied LOE for period as accommodated duties were available that fit medical restrictions – Accommodated duties were not reasonable, employee could not be expected to drive fuel trucks while on narcotic medications – LOE awarded in full
  • Appeal – Denial of NEL assessment for psychotraumatic disability – Decision No. 2638/17, 2017 ONWSIAT 2686
    Aircraft mechanic injured knee diagnosed with Adjustment Disorder with Mixed Anxiety and Depressed Mood during retraining – Employee suffered numerous life stressors during same period and workplace injury – Medical evidence did not support workplace injury as significant contributor to ongoing psychological issues – Denied
  • Interlocutory Injunction – Reasons AirTime Express Inc. v. Teamsters Local Union No. 419, 2017 ONSC 5401
    Reasons for September 11, 2017 interlocutory injunction endorsement regarding picketing of striking workers at YYZ
  • Human Rights – Motion to Dismiss – Bailie et al. v. Air Canada and Air Canada Pilots Association, 2017 CHRT 22
    Motion to dismiss the complaint regarding the mandatory retirement age for pilots as abuse of process – Two distinct groups found within complainants – Group of pilots that reached 60 after January 1, 2010 have not been allowed to present evidence of average age of retirement as other actions only dealt with pilots who reached 60 prior to 2010 – Hearing granted on motion to dismiss for pilots reaching 60 in 2010 or later, dismissal granted on pilots aged 60 prior to December 31, 2009
  • Application – Passenger Claim – Lapointe c. Delta Airlines, 2017 QCCQ 9585
    Claim for $2300 for failing to advise passenger until check in that dog was not allowed to board plane – Passenger confirmed flight details, presence of dog and return flight 72 hours prior to departure yet was not informed of change in animal transport policy – Application granted, awarded $1750



  • Application – Skyline Helicopters Ltd.Determination No. A-2017-140
    Pursuant to subsection 73(1) of the Canada Transportation Act, S.C., 1996, c. 10, as amended
  • Application – Chrono Jet inc.Determination No. A-2017-139
    Pursuant to subsection 73(1) of the Canada Transportation Act, S.C., 1996, c. 10, as amended
  • Application – FAI rent‑a‑jet Aktiengesellschaft c.o.b. as Flight Ambulance InternationalOrder No. 2017-A-141
    Exemption from subsection 84(2) of the Canada Transportation Act, S.C., 1996, c. 10, as amended
  • Application – Thunderbird Airways Inc. Order No. 2017-A-143
    Exemption from section 103.3 of the Air Transportation Regulations, SOR/88-58, as amended
  • Application – Chartright Air Inc. c.o.b. as Chartright Air Group, as Chartright Executive Helicopters and as ChartrightOrder No. 2017-A-142
    Exemptions from paragraphs 33.1(b) and 73(2)(c) and sections 33.2 and 103.3 of the Air Transportation Regulations, SOR/88-58, as amended
  • Application – Exclusive Jets, LLC c.o.b. as Fly ExclusiveDetermination No. A-2017-141
    Pursuant to subsection 73(2) of the Canada Transportation Act, S.C., 1996, c. 10, as amended
  • Suspension – Sasair Inc. c.o.b. as Service aérien du Saint-LaurentOrder No. 2017-A-140
    Licence Nos. 050030 and 050031
  • Suspension – 3D Helicopters Inc. – Order No. 2017-A-144
    Licence No. 100106