Carlos P. Martins

Carlos is a founding partner of the firm with over 20 years’ experience in practice as a litigator and provider of legal advice in diverse sectors.

Carlos has appeared before all levels of court in Ontario and has represented clients before the Supreme Court of Canada on leave to appeal applications. In addition, he has appeared before various administrative tribunals on behalf of his clients. He is a Fellow of the Insurance Institute of Canada, as well as a past lecturer to the Insurance Institute of Ontario. He is the co-author of the “Canada” chapter in International Insurance Law and Regulation (Oxford University Press).

Education

Carleton University (Bachelor of Public Administration, 1991)
Osgoode Hall Law School, York University (Bachelor of Laws, 1994)

Additional Languages

Portuguese

Aviation Regulatory

  • Obtaining regulatory approvals and licences for foreign air carriers, including:
    • Canadian aviation documents
    • Foreign Air Operator Certificates
    • Code share approval agreements from Canadian Transportation Agency
    • International licences from Canadian Transportation Agency
    • Extra-Provincial Licences
  • Obtaining waivers of regulatory requirements for air carriers
  • Preparation, review and filing of tariffs and service schedules
  • Representing air carriers in access to information requests made by the public
  • Performing due diligence on behalf of air carriers with regard to possible General Sales Agents
  • Providing general advice to station managers and country managers on local legal issues such as:
    • Ticketing issues
    • Local tax issues
    • Employment law issues
    • Privacy legislation
    • Review of commercial agreements
  • Providing advice with respect to proposed and actual changes to aviation-industry-related legislation
  • Providing advice on advertising and posting of tariffs on websites

Litigious Matters

  • Acting for air carriers and the general aviation community (and their respective insurers) in commercial and liability claims, including:
    • Passenger injury claims
    • Lost, delayed, damaged baggage and/or cargo
    • Transportation of inadmissible passengers into Canada
    • Commercial claims as between aviation industry participants
  • Acting for air carriers in complaints before the Canadian Human Rights Tribunal and the Canadian Transportation Agency, including complaints relating to:
    • Presence of kirpans (Sikh ceremonial daggers) in the cockpit of an aircraft
    • Carriage of obese passengers
    • Carriage of passenger requiring a medical attendant for travel
    • Carriage of passengers who require a stretcher
    • Accessibility requirements of passengers in the airport terminal
    • Loss, damage and/or pilferage of checked baggage
  • Representing air carriers in disputes with General Sales Agents
  • Acting for private individuals in disputes relating to the sale of aircraft
  • Representing airport service providers in surface damage claims

Media

  • Pre-publication/broadcast advice for various Canadian media organizations, including The Globe and Mail, CTV and Canadian University Press
  • Libel reads for Canadian print publishers
  • Resisting publication ban applications, including:
    • R. v. J.S.R. (successfully resisting a publication ban in case relating to the murder of Jane Creba)
    • R. v. Carswell (successfully resisting a publication ban in a case relating to child pornography charges)
    • Hollinger v. Black (successfully resisting a sealing order on a case relating to documents filed in a civil proceeding)
  • Defence of liability claims against newspaper and book publishers, as well as broadcasters
  • Acting for private and public sector clients in defamation/ abuse of public office cases, including acting as co-counsel on the successful defence of the City of Hamilton in Canada’s longest defamation trial (145 trial days)
  • Acting for private individuals in defamation cases
  • Acting for clients on access to information requests, including:
    • Application before Ontario Privacy Commissioner for records held by nuclear power generators
    • Application before Alberta Privacy Commissioner for records relating to lawsuit against Stockwell Day
    • Applications before federal Privacy Commissioner relating to records of federally regulated corporations
  • Defending news media in liability claims
  • Acting for publishers in copyright disputes

Aviation

  • Presenter, General Aviation Claims Seminar, Insurance Institute of Canada, 2006 (Toronto)
  • Speaker at various IATA Legal Symposia
    • Liability Update for Canada, 2006 (Hong Kong)
    • Air Carrier Liability Developments in Canada, 2007 (Istanbul)
    • One Passenger, One Fare Update, 2008 (Buenos Aires)
    • Passenger Accessibility Issues in Canada, 2009 (Bangkok)
    • Canadian Aviation Law Update, 2010 (Lisbon)
  • Presenter, ATAC 2008 Annual General Meeting, Legal Committee (Accessibility Issues) (Calgary)
  • Speaker, The Canadian Institute, “Managing Risks in the Carriage of Goods”, Aviation Updates, 2010 (Toronto)
  • Chair on Unruly Passenger Panel at McGill Conference on International Aviation Liability & Insurance, 2011 (Montreal)
  • Presentation on Mandatory Retirement of Pilots, Canadian Bar Association (BC), Air Law Section, 2011 (Vancouver, via teleconference)
  • Member, ATAC Working Group on Bill C-20 relating to the Canada Airports Act (2006)
  • Editor in Chief and Contributor to BJCTB’s Transportation Notes monthly newsletter
  • Contributor to:
    • Air & Space Lawyer, a publication of the American Bar Association, Aviation Section
    • Aviation Briefs, a publication of the Aviation Law Association of Australia and New Zealand (ALAANZ),
    • ILO Aviation Newsletter, a publication of the International Law Office
    • IUAI Legal Bulletin, a publication of the International Union of Aviation Insurers, London
    • Helicopters Magazine
    • Travel Law Quarterly
    • Wings Magazine

Media

  • Presenter, Legal Vetting, Canadian University Press Summer School, 1999 to Present (Toronto)
  • Presenter, Libel Law, ORCUP Annual Conference, 2006 and 2007 (Toronto, Waterloo)
  • Chair and Presenter, Ontario Bar Association Seminar entitled Defamation Primer, 2004 (Toronto)
  • Presenter, Ontario School Board Insurance Exchange, Defamation in an Education Setting, 2006 (Guelph)

General

  • Speaker, Ontario Bar Association, Your First Trial, Written Advocacy at Trial, 2010 (Toronto)

Aviation

  • Member, Royal Aeronautical Society, London (MRAeS) (2011 to Present)
  • Member, Association of Transportation Law Professionals (2013 to Present)
  • Member, Canadian Owners and Pilots Association (2000 to Present)
  • Member, IATA Risk and Insurance Managers Working Group (2008 to 2010)
  • Member, ATAC Legal and Facilitation Committee (2001 to 2010)

Media

  • Member, AdIDEM/Canadian Media Lawyers Association (1999 to Present)
  • Ontario Bar Association, Entertainment, Media & Communications Section
    • Secretary (2005)
    • Co-Chair (2006)
  • Canadian Bar Association, National Media & Communications Section
    • Member at Large (2002 to 2005)
    • Secretary (2006 to 2007)

General

  • Insurance Institute of Canada (2004 to Present)
    • Chartered Insurance Professional (2001 to Present)
    • Fellow of Insurance Institute of Canada (2004 to Present)
  • Children’s Bridge International Adoption Agency
    • Member of the Board (2007 to 2010)
    • Chairman of the Board (2008 to 2010)