The Montreal Convention, an international treaty incorporated
into Canadian law, exclusively governs passenger claims arising out
of international air travel that fall within its scope.
Consequently, if a claim is not specifically provided for in the
Convention, it is not available at all in Canada, regardless of
local law. This statement of the law is consistent with the
interpretation of courts in most other signatory countries.
Article 24 of the Montreal Convention states that a review of
its liability limits (for personal injury, delay, baggage, and
cargo claims) must be conducted every five years, to ensure that
the limits keep pace with inflation. The first review of the
liability limits was conducted in 2009 (by the International Civil
Aviation Organization ("ICAO")), and led to an increase
adjustment of the limits. In 2014, ICAO conducted its second review
and recommended no adjustment. On June 28, 2019, ICAO completed its
latest review and recommended that
