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ARTICLE · 24 MAY 2023

Montreal Convention Exclusivity Confirmed By BC Supreme Court

Alexander Holburn Beaudin + Lang LLP
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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.

CanadaTransport
Michael Dery
Michael Dery
Shaun Foster
Shaun Foster
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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 exclusive recourse to passengers claiming damages for matters falling within its scope.

In Spencer v. Transat A.T. Inc et al, 2022 BCSC 145, the Plaintiff brought a proposed class proceeding against Air Transat A.T. Inc., Transat Tours Canada Inc., Transat A.T. Inc., and Flair Airlines for damages allegedly arising from delays caused by fuel stops during various flights between Canada and Mexico. The Plaintiff accused the defendants of fraudulent misrepresentation, breach of contract, unjust enrichment, and engaging in deceptive acts and practices under the Business Practices and Consumer Protection Act ("BPCPA"). The Plaintiff also sought punitive damages.

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