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ARTICLE · 02 JANUARY 2025

Commercial Litigation Insights: Revised Airline Liability Limits Under Montreal Convention Take Effect On December 28, 2024

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Airlines operating international routes to and from Canada are governed by the idiosyncratic set of liability rules set out in the Montreal Convention...

CanadaLitigation, Mediation & Arbitration
Adam Varro
Adam Varro
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Airlines operating international routes to and from Canada are governed by the idiosyncratic set of liability rules set out in the Montreal Convention1, which is incorporated into the domestic law of Canada by way of the Carriage by Air Act.2

Entering into force in 2003, the Montreal Convention seeks to achieve uniformity across its 140 signatory countries on the upper limit of damages that may be recovered against airlines for: (i) passenger death/bodily injury, and (ii) delay/destruction/loss of baggage and cargo.3

Every five years, the International Civil Aviation Organization (ICAO) reviews the limits of liability under the Montreal Convention to determine whether they should be adjusted for inflation.4 Earlier this year, ICAO implemented an increase to the limits of 17.9%, effective December 28, 2024, as follows:

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