Carlos Martins is a skilled litigator with over 20 years’ experience providing legal advice in diverse sectors. He is a member of the firm’s Commercial Litigation Practice Group and specializes in aviation and defamation law.

Prior to joining WeirFoulds in 2020, Carlos was a founding partner of Bersenas Jacobsen Chouest Thomson Blackburn LLP.

Carlos has appeared before all levels of court in Ontario, including the Supreme Court of Canada. In addition, he has appeared before various administrative tribunals on behalf of his clients.

Carlos 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).

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; and 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; and 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; and 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; and 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); and 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; and Applications before federal Privacy Commissioner relating to records of federally regulated corporations
  • Defending news media in liability claims
  • Acting for publishers in copyright disputes

Recognized in the Chambers Canada Guide as a leading lawyer in Transporation – Aviation Regulatory Law, 2021

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)
  • Member, ATAC Working Group on Bill C-20 relating to the Canada Airports Act (2006)
  • Editor in Chief and Contributor, 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

  • 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)

 

Called to the Bar
  • Ontario (1996)
Education
  • Bachelor of Laws, Osgoode Hall Law School, York University, 1994
  • B.A. (Public Administration), Carleton University, 1991
Affiliations
  • Ontario Bar Association
Languages
  • Portuguese