Andrew MacDonald

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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…

Jun 8, 2021

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…

Apr 7, 2021

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…

Mar 6, 2021

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…

Sep 8, 2020

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…

Jul 27, 2020

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…

Jul 20, 2020

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…

Apr 15, 2020

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…

Feb 28, 2020

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…

Jul 17, 2019

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…

Apr 26, 2019

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…

Mar 18, 2019

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…

Feb 28, 2019

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…

Jan 1, 2019

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…

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