Court of Appeal Dismisses Class Action Over Expiring Airline Credits
The British Columbia Court of Appeal recently overturned a lower court decision certifying a class action relating to WestJet travel bank credits (“WTB Credits”) and dismissed the case. The Court […]
Transportation Notes: Contents of Cockpit Voice Recorder Released in Class Action
In Canada (Transportation Safety Board) v Carroll-Byrne, 2021 NSCA 34 (“Carroll-Byrne”), the Nova Scotia Court of Appeal upheld a lower court’s authorization of the conditional release of the contents of […]
Transportation Notes: Pair of Passenger Class Actions Certified Against WestJet
The British Columbia Supreme Court has certified two class actions against WestJet. In one, the central allegation is that WestJet charged baggage fees despite stating in its tariff (at least […]
How Is the Sausage Made?: Public Access to Third Party Information in Government Records
The decision in Concord Premium Meats Ltd. v Canada (Food Inspection Agency), 2020 FC 1166, illustrates how Canadian freedom of information legislation balances the public right to access government records with the […]
WeirFoulds welcomes four new media and aviation lawyers
WeirFoulds is pleased to announce that Peter Jacobsen, Carlos Martins, Andrew MacDonald and Emma Romano have joined the firm effective September 1, 2020. They bring a wealth of knowledge and […]
Transportation Notes:Transportation Appeal Tribunal Unable to Consider Costs After Withdrawal
The Federal Court of Canada recently upheld a decision of the Transportation Appeal Tribunal of Canada (“TATC”) finding that the tribunal did not have jurisdiction accept submissions about the legal […]
Transportation Notes: Passenger’s Fall Due to Unsteadiness Not an Accident Under the Convention
The British Columbia Civil Resolution Tribunal (the “BCCRT”) – the equivalent of the Province’s Small Claims Court – recently ruled in favour of an air carrier, dismissing a passenger’s claim […]
Transportation Notes:Proposed Class Action Claims Refunds for COVID-19 Cancellations
Air Canada, WestJet, Air Transat, Sunwing, and Swoop are facing a proposed class-action for offering vouchers and credits in lieu of refunds for flights that were cancelled due to the […]
Transportation Notes: Canada’s Accessible Transportation For Persons With Disabilities Regulations
In 2019, the Canadian federal government made a push to address barriers for persons with disabilities, including by passing the Accessible Canada Act. The stated goal is to make Canada barrier-free […]
Transportation Notes: Proposed Discrimination Class Action by Airline Employee May Proceed
The British Columbia Court of Appeal recently held that a proposed class action against WestJet commenced by an employee alleging that the carrier failed to prevent harassment and discrimination in […]
Transportation Notes: Québec Court Rules One Passenger One Ticket Applies in Class Action
The Québec Superior Court of Justice recently ruled against Air Canada in a class action brought by passengers with disabilities, their attendants, and obese passengers who were required to pay […]
Transportation Notes: Court Rules on Entitlement to Lost Baggage Compensation
The Ontario Superior Court of Justice recently ruled that in order to claim damages for lost baggage under the Convention for the Unification of Certain Rules for International Carriage by […]
Transportation Notes: Class Action Regarding Flight Passes Denied Certification
The Québec Superior Court recently declined to certify a class action based on the application of certain sections of the Consumer Protection Act or its Alberta equivalent to the sale […]
Transportation Notes: Federal Government Proposes Air Passenger Protection Regulations
The Canadian Transportation Agency (CTA) is seeking public review and comment on proposed Air Passenger Protection Regulations. The proposed regulations will establish a carrier’s minimum obligations toward passengers travelling on […]