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Recent Posts
Below is a preview of the five most recent posts from the blog Aviation Law Blog. To read these posts in their entirely or subscribe to future updates from this blog, please visit their website!
- Recent Aviation Decisions from the British Columbia Civil Resolution Tribunal
In Stark v. WestJet Airlines Ltd., 2024 BCCRT 64, the passenger experienced cancellation of her international flight in December 2022. Instead of waiting to be rebooked by the carrier, the passenger quickly requested a refund and rebooked herself onto another carrier. She later filed a CRT claim see … Read more »
- Time is Up – Plaintiff Cannot Amend Claim to Include Montreal Convention Claims After Expiry of Limitation Period
In a recent decision, the British Columbia Supreme Court confirmed that a plaintiff must plead a cause of action provided by the Montreal Convention in an action within the applicable limitation period. If a plaintiff fails to plead the Montreal Convention and instead relies on common law or statuto … Read more »
- Montreal Convention Exclusivity Confirmed by BC Supreme Court
The Montreal Convention is an international treaty, which is incorporated into Canadian law by the Carriage by Air Act. It applies to almost all international flights operated by airlines. In a recent decision, the British Columbia Supreme Court confirmed that the Montreal Convention provides the ex … Read more »
- SCC Hears Case on Production of On-Board Cockpit Voice Recorder (CVR) Following TSB Investigation
In Canada (Transportation Safety Board) v. Carroll-Byrne, 2021 NSCA, the Nova Scotia Court of Appeal unanimously affirmed a lower court’s decision to authorize the release and use of the cockpit voice recorder (CVR) in a class action. The Supreme Court of Canada heard the appeal on March 17, 2022 an … Read more »
- Timing is Everything: Airline Not Liable to Passengers Who Filed Late Baggage Complaint
On March 1, 2019, Mr. and Mrs. Olak (the “Passengers”) travelled on an Air Canada flight from Vancouver to Delhi, India. Upon their arrival in India, the Passengers’ checked bags were missing. The Passengers sued the airline in the BC Civil Resolution Tribunal (“CRT”) and sought damages to compens … Read more »