Carlos P. MARTINS

Admitted to Bar, 1996, Ontario

cmartins@lexcanada.com
(416) 982-3808

Carlos is one of the founding partners of BJCTB. He is a member of the firm's Aviation and Defamation & Media groups. 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

• SELECTED EXPERIENCE

  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

PUBLICATIONS AND PRESENTATIONS

Bersenas Jacobsen Chouest Thomson Blackburn LLP Barristers, Solicitors
33 Yonge Street, Suite 201
Toronto, Ontario, Canada M5E 1G4
Phone: (416) 982-3800
Facsimile: (416) 982-3801
Email: info@lexcanada.com

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