Archives for: Aviation

EU court upholds cap-and-trade plan for aviation carbon emissions

On December 20, 2011, the European Court of Justice rejected arguments by U.S. and Canadian airlines that the E.U. cap-and-trade programs on flights to and from airports in Europe infringe on their national sovereignty and violate international aviation treaties. The court found that by choosing to operate to European airports, non-European airlines have submitted to […]

Airlines face all-in airfare advertising

The Government of Canada will proceed with regulations requiring airlines to include all surcharges, fees and taxes in their advertised prices. The new all-in airfare advertising regulations will apply to advertising in all media, including on the Internet, of prices for air services within, or originating in, Canada offered by both Canadian and foreign airlines. […]

Aeronautics: Who has the Power?

In Quebec (Attorney General) v. Lacombe, the Supreme Court of Canada protected Parliament’s jurisdiction over aeronautics by reading down a municipal bylaw that was found to be ultra vires the jurisdiction of the municipality and province. The issue considered by the court was the validity of the municipal zoning laws insofar as they impact the […]

Bordonaro c. Voyages David Inc. et Alitalia Airlines: Liability for Delay under the Montreal Convention

In a Quebec Small Claims Court decision, Bordonaro c. Voyages David Inc. et Alitalia Airlines, it was ruled that an airline was not liable to passengers for an over three hour flight delay.  The plaintiff purchased tickets for his children who were to fly from Bari to Rome and then from Rome to Montreal.  The […]

Richards v. Air India Ltd.: Travel Agents and Letters of Credit

Ceylinco Investments Ltd, operating as Chalais Travel and Tours, was an authorized passenger sales agent of Air India. As an IATA accredited agent, it did not directly pay the airlines for the tickets it sold, but instead used the IATA Bank Settlement Plan (BSP).  This payment method was based on the agent reporting ticket sales […]

Jurisdiction under Warsaw Convention: Ontario Superior Court of Justice stays an action arising out of the international carriage by air

In a recent decision, Ashad v. Deutsche Lufthansa Aktiengesllschaft, the Ontario Superior Court of Justice allowed the airline’s motion to stay the passenger’s action on the grounds that Ontario Courts did not have jurisdiction under the Warsaw Convention. The plaintiff passenger alleged that he suffered personal injuries when he unintentionally swallowed pieces of shredded glass […]

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