Federal Court of Appeal confirms the exclusivity of the Montreal and Warsaw Conventions in Thibodeau v. Air Canada
Written on September 27, 2012.
Federal Court of Appeal recognizes and confirms the exclusivity of the Montreal and Warsaw Conventions holding that “…although the Montreal Convention, like that of Warsaw, does not address all aspects of international air carriage, it constitutes a complete code as concerns the aspects of international air carriage that it expressly regulates, such as the air carrier’s liability for damages, regardless of the source of this liability.”The decision confirms that Canada follows the strong exclusivity argument as set out by the House of Lords in Sidhu and the US Supreme Court in Tseng which does not allow for exceptions to be carved out of that exclusivity when it comes to the carrier’s liability for damages to passengers.