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Carlos P. MARTINS

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Admitted to Bar, 1996, Ontario

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


cmartins@lexcanada.com
(416) 982-3808
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