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  • Article

    Canada Labour Code And Employee Safety: Is A Helicopter Medevac Operator Required To Provide Night Vision Goggles?

    In the early hours of May 31, 2013, a Sikorsky S 76A helicopter operated by Ornge Air Ambulance crashed shortly after take-off ...
    CanadaTransport
    Alexander Holburn Beaudin + Lang LLP
    Alexander Holburn Beaudin + Lang LLP
  • Article

    Conflicting Court Decisions On Airline Baggage Loss Claims

    In late 2012, the European Court of Justice released its ruling in the matter of Sanchez v. Iberia Airlines, in which it had been asked to decide whether an airline was liable for loss of baggage to multiple passengers who had packed items in the same bag, or whether compensation was only available to the passenger who had checked the bag.
    CanadaTransport
    Alexander Holburn Beaudin + Lang LLP
    Alexander Holburn Beaudin + Lang LLP
  • Article

    Court Grants Injunction Against Airport Protests

    In January 2014, we reported on a decision of the Alberta Provincial Court acquitting on criminal charges of trespass eight members of an anti-abortion organization...
    CanadaTransport
    Alexander Holburn Beaudin + Lang LLP
    Alexander Holburn Beaudin + Lang LLP
  • Article

    COVID-19: New Aviation Regulations

    The global COVID-19 pandemic has had a significant impact across all industries, but few have been affected as severely as aviation.
    CanadaTransport
    Alexander Holburn Beaudin + Lang LLP
    Alexander Holburn Beaudin + Lang LLP
  • Article

    Forum Non Conveniens – US Court Declines Jurisdiction

    In Eldeeb v. Delta Air Lines, Inc., 2018 WL 6435739, the District Court of Minnesota recently granted a motion to dismiss (on the basis of forum non conveniens)
    CanadaTransport
    Alexander Holburn Beaudin + Lang LLP
    Alexander Holburn Beaudin + Lang LLP
  • Article

    In With The New, Out With The Old: Increased Liability Limits Under The Montreal Convention

    The Montreal Convention is an international treaty, adopted in 1999, and incorporated into Canadian law by way of the federal Carriage by Air Act.
    CanadaTransport
    Alexander Holburn Beaudin + Lang LLP
    Alexander Holburn Beaudin + Lang LLP
  • Article

    Overhaul Of Canada’s Temporary Foreign Worker Program Affects Foreign Pilots

    The Government of Canada announced sweeping changes to its Temporary Foreign Worker Program, many of which were effective immediately.
    CanadaTransport
    Alexander Holburn Beaudin + Lang LLP
    Alexander Holburn Beaudin + Lang LLP
  • Article

    Supreme Court Of Canada Dismisses Appeal Of Pilot In Discrimination Action Against Bombardier

    Last year, we posted an update about the Supreme Court of Canada's decision to hear an appeal involving Mr. Latif, a Canadian pilot of Pakistani descent.
    CanadaTransport
    Alexander Holburn Beaudin + Lang LLP
    Alexander Holburn Beaudin + Lang LLP
  • Article

    Supreme Court Of Canada Sinks Italian Water Taxi Lawsuit

    One of the most interesting and important issues inherent in lawsuits arising from travel-related bookings (and arising in many aviation cases) is the exercise of jurisdiction by local courts over foreign based defendants. In a decision released last summer (in Sinclair v. Venezia), the Supreme Court of Canada considered the jurisdiction of the Ontario Superior Court of Justice over three Italian companies.
    CanadaTransport
    Alexander Holburn Beaudin + Lang LLP
    Alexander Holburn Beaudin + Lang LLP
  • Article

    Transport Canada Proposes New Regulations For Offshore Flights

    On March 12, 2009, a Sikorsky S-92A helicopter destined for the Hibernia Oilfield crashed in the Atlantic Ocean off the coast of Newfoundland and Labrador. Seventeen passengers suffered fatal injuries in the crash and the lone survivor suffered serious injuries.
    CanadaTransport
    Alexander Holburn Beaudin + Lang LLP
    Alexander Holburn Beaudin + Lang LLP
  • Article

    UK Accident Investigation Reports Admissible In Legal Proceedings — What About Canada?

    The English Court of Appeal affirmed the ruling in Rogers v. Hoyle, which held that reports produced by the AAIB are admissible as evidence in civil proceedings.
    CanadaTransport
    Alexander Holburn Beaudin + Lang LLP
    Alexander Holburn Beaudin + Lang LLP
  • Article

    Year In Review: CTA Rules On Standing For Discrimination Complaints

    In its Decision No. 425-C-A-2014, the Canadian Transportation Agency (CTA) directly addressed a person's right to bring a complaint of discrimination.
    CanadaTransport
    Alexander Holburn Beaudin + Lang LLP
    Alexander Holburn Beaudin + Lang LLP
  • Article

    Canadian Federal Court Of Appeal Decision That Will Impact Coasting Trade: Wells Fargo Et Al v. Mercury Launch & Tug Et Al

    SIGNIFICANCE OF DECISION This is the first appellate decision to interpret subsection 43(2) of Canada’s Marine Liability Act, which makes the Hague-Visby Rules apply compulsorily to certain contracts of carriage by water between places in Canada.
    CanadaTransport
    Alexander Holburn Beaudin + Lang LLP
    Alexander Holburn Beaudin + Lang LLP
  • Article

    Homeward Bound: A Strata Council's Guide To Social Distancing

    Living in a British Columbia strata corporation means living with others. And in a time when "social distancing" is key to managing the spread of COVID-19 across our province...
    CanadaCoronavirus (COVID-19)
    Alexander Holburn Beaudin + Lang LLP
    Alexander Holburn Beaudin + Lang LLP
  • Article

    Proposed Amendments To The Societies Act

    The Societies Act (the "Act") came into force on November 28, 2016. BC societies had until November 2018 to transition under this new Act.
    CanadaCorporate/Commercial Law
    Alexander Holburn Beaudin + Lang LLP
    Alexander Holburn Beaudin + Lang LLP
  • Article

    BC Workers Compensation Act Updates: New Duties On Employers, Effective January 1, 2024, To Cooperate And Maintain Employment For Injured Workers

    Effective January 1, 2024, employers will have new obligations to return injured workers to work. The Workers Compensation Amendment Act (No. 2), 2022 bill ("Bill 41"), discussed here in our article...
    CanadaEmployment and HR
    Alexander Holburn Beaudin + Lang LLP
    Alexander Holburn Beaudin + Lang LLP
  • Article

    Indemnification For Legal Costs Awarded When Disability Coverage Denied

    In the recent case of Tanious v. The Empire Life Insurance Company, 2017 BCSC 85, the British Columbia Supreme Court awarded special costs equivalent to full indemnification of the plaintiff's litigation costs...
    CanadaInsurance
    Alexander Holburn Beaudin + Lang LLP
    Alexander Holburn Beaudin + Lang LLP
  • Article

    Ending A Tenancy For Demolition Or Conversion

    In BC, a landlord can end a tenancy for the purpose of demolishing a rental unit by serving a Four Month Notice to End Tenancy for Demolition or Conversion (Form RTB-29).
    CanadaReal Estate and Construction
    Alexander Holburn Beaudin + Lang LLP
    Alexander Holburn Beaudin + Lang LLP
  • Article

    Here We Go Again: Mental Injury And The Montreal Convention

    In previous posts, we discussed the trial and appeal decisions in Casey v. Pel-Air Aviation Pty (Supreme Court of New South Wales, Australia).
    CanadaTransport
    Alexander Holburn Beaudin + Lang LLP
    Alexander Holburn Beaudin + Lang LLP
  • Article

    The Battle Over Passenger/Flight Attendant Ratios: Transport Canada Decisions Ruled Unreasonable

    The Canadian Union of Public Employees (CUPE) represents flight attendants employed by several Canadian airlines.
    CanadaTransport
    Alexander Holburn Beaudin + Lang LLP
    Alexander Holburn Beaudin + Lang LLP

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