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ARTICLE · 10 MARCH 2014

Conflict Of Laws In The Skies

DLA Piper
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Michel and Lynda Thibodeau brought an action seeking damages under the Official Languages Act against Air Canada.

CanadaLitigation, Mediation & Arbitration
Stephen Mulrain
Stephen Mulrain
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Michel Thibodeau, et al. v. Air Canada, et al.

Michel and Lynda Thibodeau brought an action seeking damages under the Official Languages Act against Air Canada for failing to provide service in both official languages during international flights. Air Canada is subject to the Act by virtue of its former status as a Crown Corporation. Because of the flight's international nature, the Convention for the Unification of Certain Rules for International Carriage by Air (the Montreal Convention) was also applicable. The Federal Court and the Federal Court of Appeal both agreed that the Montreal Convention prohibits an award of damages for a violation of the Act occurring during an international flight.

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