Bersenas Jacobsen Chouest Thomson Blackburn LLP Barristers, Solicitors

Library:

Aviation - 2010

Case Comment: Air Canada/ Porter Airlines Dispute - Jul 2010
Court Takes Generous Approach to “Free” Ticket Promotion - Jul 2010
Air France Class Action Developments - Jul 2010
Case Comment: Expedition Helicopters Reversed - Jun 2010
Transport Canada Gets Deference on Pilot Proficiency Check - Jun 2010
Opposition to Airport Closure Requires a Full Trial - Jun 2010
Publicly Available Air Service - Jun 2010
Case Comment: 2006 Implementing Provisions Agreement - May 2010
Transport Canada inspector’s powers read narrowly by Court - May 2010
Disruptive passenger not entitled to airline’s privileged file - May 2010
Case Comment: The demise of Skyservice Airlines - Apr 2010
Confusion over Check-In Procedures Leads to Damages for Delay - Apr 2010
Each unhappy vacation traveler is unhappy in his own way - Apr 2010
Case Comment: Seizure of Zoom Airlines B767 - Mar 2010
Canada Labour Code Investigation Required into Refusal to Work by Cabin Crew Due to Alleged Pilot Instability - Mar 2010
Quebec Superior Court Allows Seizure of Iraqi Aircraft - Mar 2010
Place of Payment Can Ground a Class Action - Mar 2010
Forum Selection Clause Not Upheld - Feb 2010
CTA Rules Against Air Carrier in Unruly Passenger Complaint - Feb 2010
Air France Internal Investigation Ordered Released - Feb 2010
Case Comment: Transport Canada Employees Reclassified - Jan 2010
Aviation Medical Examiner Added as Defendant in Crash Case - Jan 2010
Air France Class Action Settlement Approved - Jan 2010

Aviation - 2009

Case Comment: Jurisdiction over Freight Forwarders - Dec 2009
Criminal Law - Dec 2009
Production of Cockpit Voice Recorder - Dec 2009
Case Comment: Passenger Bill of Rights - Nov 2009
Employment Issues in the Transportation Sector - Nov 2009
G. A. Accident and Government Responsibility - Nov 2009
No Inconvenience Damages for Delay: Article 19 - Nov 2009
Warsaw Convention, Article 28 Jurisdiction, Reprise - Nov 2009
Case Comment: Fuel Surcharges - Oct 2009
Leave to Appeal - Oct 2009
Warsaw Convention, Article 28 Jurisdiction - Oct 2009
Case Comment: Repossession Trumps Claim of Airport Authority - Sep 2009
Sports Charters - Sep 2009
Case Comment: Res Judicata - Aug 2009
Good Samaritan - Aug 2009
Jurisdiction Simpliciter - Aug 2009
Interjurisdictional Immunity - Aug 2009
Case Comment: Point Beyond Ticketing - Jul 2009
Airport Rail Link and CTA Jurisdiction - Jul 2009
Case Comment: Kuwait Airways v. Republic of Iraq - May 2009
Go Travel Found Responsible for Misleading Ads - May 2009
“No Set-Off” Term in Freight Forwarding Contract Upheld - May 2009
Case Comment: UPS v. Canada - Apr 2009
Court Orders Disclosure of Settlement Agreement - Apr 2009
Partial Settlement of Air Cargo Competition Law Suit - Apr 2009
No Jurisdiction over Foreign Carrier - Mar 2009
OC Transpo Ordered to Take Immediate Action - Mar 2009
Judging the Reasonableness of Contractual Terms - Mar 2009
Case Comment: Catalyst Paper Corporation v. Companhia de Navegação Norsul - Feb 2009
Travel Agent’s Duty to Advise - Feb 2009
Level Crossing Accident - Feb 2009
Rights and Limitations - Feb 2009
Passenger Rights: European Regulation and Canadian Bill C-310 - Feb 2009
Compliance With Standards No Defence - Jan 2009
Case Comment: Greaves v. Air Transat - Jan 2009
Forum Selection - Jan 2009
CTA in Rail Line Discontinuance Case Upheld on Appeal - Jan 2009
Carriage of Passengers with Severe Impairments - Jan 2009

Aviation - 2008

Canadian Aviation Update 2008 (535kb PDF) - Click here.

Provincial Laws and Airport Construction - Dec 2008
Air Ambulance Service Exonerated - Dec 2008
Case Comment: Canada 3000 Aftermath - Nov 2008
When is an Airport Authority a Public Utility? - Nov 2008
Baggage Limits under the Montreal Convention - Oct 2008
Recent Accessible Transportation Decisions - Oct 2008
Rail Carrier’s Liability as Occupier of Right of Way - Sep 2008
Case Comment: Privacy Commissioner of Canada v. Blood Tribe Department of Health - Aug 2008
Hangar Lease - Aug 2008
Case Comment: Hydro-Québec v. Syndicat des employees - July 2008
Case Comment: Canadian National v. Canadian Transportation Agency - Jun 2008
Medical Oxygen in Commercial Air Carriage - Jun 2008
Amendments to Identity Screening Regulations - May 2008
Case Comment: Dunsmuir v. New Brunswick, 2008 - Apr 2008
Demurrage, Maximum Grain Revenues and Judicial Review - Apr 2008
Case Comment: Canadian National Railway Company v. Sumitomo Marine & Fire Insurance Company Ltd. - Mar 2008
Federal Court of Appeal Allows Canadian Pacific Railway to Limit its Damages in Freight
Forwarding Case - Mar 2008
Approved Maintenance Organizations to Comply Strictly with Self-Audit Requirement - Mar 2008
Standard of Review of Canadian Transportation Agency Decisions Clarified - Mar 2008
Case Comment: Sacks v. Air Canada - Feb 2008
Carrier Fares and Anton Piller Orders - Feb 2008
One Passenger - One Fare - Feb 2008
Phoenix Redux: Marine Cargo Dispute Back to Federal Court of Appeal - Jan 2008
Case Comment: Plourde v. Skyservice; Croteau v. Air Transat - Jan 2008

Aviation - 2007

Liability for Latent Defect - Dec 2007
Canadian Human Rights Tribunal to “Re-Hear” CTA Complaint - Nov 2007
Air Canada Wins Credibility Battle in CTA Passenger Complaint - Nov 2007
Québec Court of Appeal Refuses to Certify Class Action in Airport Noise Case - Nov 2007
Case Comment: Midland Transport Limitée c. Procureur général du Québec - et - Alliance canadienne du camionnage" - Oct 2007
Cargo Claim: Iranian Carpets - Oct 2007
Forum Selection in Maritime Context - Oct 2007
Tour Operator Agreements and Forum Selection - Sep 2007
Pilot Mandatory Retirement Upheld - Sep 2007
Québec Superior Court Declines to Certify a Class Action in Aviation Case - Sep 2007
Case Comment: GE Capital Aviation v. Winnipeg Airports Authority, 2007 ONCA 514 - Aug 2007
Sumitomo Case Reversed - Aug 2007
Case Comment: End of the Line, Averted - July 2007
Portions of Insurer’s Affidavit Struck in Duty to Defend Case - July 2007
No Recovery for Mental Distress without Bodily Injury - July 2007
Foreign Carrier Found Not to Lose Right to Contest Forum by Filing Defence - Jun 2007
Case Comment: Canada (Information Commissioner) v. Canada ( Safety Board) - May 2007
A Comedy of Errors - May 2007
Court Holds That Challenges to the New BSPlink Procedures are the Domain of the IATA Travel Agency Commissioner - May 2007
Supreme Court Rules on Accessibility - Mar 2007
Turbulence at Toronto City Centre - Mar 2007
Accident Investigation and Confidentiality - Mar 2007
AMP Nullified Following Air Canada’s Emergence from CCAA - Feb 2007
Air Canada, Lufthansa and Airport Authorities Successful in Recent Decisions - Feb 2007
Canadian Transportation Agency Accessibility Hearing - Jan 2007

Aviation - 2006

Case Comment: British Airways PLC v. Ministry of the Attorney General - Dec 2006
Health Canada to De-Identify Potable Water Test Results - Dec 2006
Pilot Victim of Stolen Fuel - Dec 2006
No Recall Rights for Former Delta Employee - Dec 2006
AMPs Levy on Whitehorse International Airport Affirmed - Dec 2006
International Air Transportation Policy - Nov 2006
Case Comment: R v. MBB Helicopter Canada Ltd. - Oct 2006
Canada and US Negotiate Licensing Bilateral - Oct 2006
Responsibility for Rail Safety - Oct 2006
TATC Upholds Cancellation of NexJet’s AOC - Sep 2006
The Transportation Appeal Tribunal of Canada: An Introductory Note - Sep 2006
TSB Releases Report on MK Airlines Halifax Crash - Aug 2006
Statutory Appeals of Nav Canada Charges and Airport Fees - Aug 2006
ACPA / ALPA Dispute - Jul 2006
Federal Government Introduces Legislation to Regulate Airports - Jul 2006
Case Comment: Air Canada v. WestJet - Jun 2006
Safety Management Systems, the Next 5 Years: Flight 2010 - Jun 2006
American Parent Responsible for Canadian Alter Ego Subsidiary - Jun 2006
Canada Transportation Act and Persons with Disabilities: Via Rail in the Supreme Court - Jun 2006
Case Comment: Morgan v. Alta Flights (Charters) - May 2006
TSB Releases Report on Air Georgian Pelee Island Crash - May 2006
Confidential Rate Agreement Doesn’t Protect Railway - Apr 2006
AMO’S Claim for Status of Insured Fails - Apr 2006
Case Comment: Multani v. Commission scolaire Marguerite-Bourgeoys - Mar 2006
Kirpan Case Reconsidered - Mar 2006
The Honourable Lawrence Cannon: Minister of Transport - Mar 2006
New Entrant at Toronto City Centre - Mar 2006
Rail Accidents on the Increase - Mar 2006
El Al Vindicated in Dispute with ex-Agent - Mar 2006
Case Comment: Croteau v. Air Transat - Feb 2006
Transportation Safety Board Releases Report on Icing Incident - Feb 2006
Size alone can be a disability in Canada - Feb 2006
Case Comment: CTA, LET-AT-T-319-2005 - Jan 2006
Joint and Several Insureds and Rights of Termination - Jan 2006
CN Cut Down to Size After Derailments - Jan 2006
Medical Oxygen: Practices Determined to Constitute Obstacles to Mobility - Jan 2006

Aviation - 2005

Open Skies Agreement: Canada and the United States - Dec 2005
Aeronautics and Navigation & Shipping in SCC - Dec 2005
TSB Finds No Significant Anomalies on Air France 358 - Dec 2005
Pearson Has Highest Landing Fees in the World - Dec 2005
ATAC 2005 AGM Proceeds in Montreal - Dec 2005
Case Comment: Castillo v. Castillo - Dec 2005
ICAO Chapter 4 Noise Standards - Nov 2005
No-Fly List and Data Transfer with the EU - Nov 2005
October Aviation Industry News in Brief - Nov 2005
Case Comment: Celanese Canada v. Canadian National Railway Co. - Nov 2005