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Carlos Martins

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Mar 1, 2023

WeirFoulds recognized in the 2023 Canadian Legal Lexpert Directory

WeirFoulds is pleased to announce that 25 of our lawyers have been recognized in 20 different practice areas in the 2023 Canadian Legal Lexpert Directory. Each lawyer…

Nov 10, 2022

Multiple WeirFoulds lawyers recognized in Who’s Who Legal: Canada 2022

WeirFoulds is pleased to announce that twelve of the firm’s lawyers have once again been recognized in Who’s Who Legal: Canada. Since 1996 Who’s Who Legal has…

Sep 29, 2022

WeirFoulds, partners recognized in Chambers Canada Guide 2023

WeirFoulds is pleased to announce that the firm has once again been recognized in Chambers Canada: Canada’s Leading Lawyers. In the 2023 edition, five of our partners…

Feb 3, 2022

Transportation Notes: Ontario Court Awards $107 Million against Iran for Ukraine International Airlines Crash

The Superior Court of Justice of Ontario has awarded $107 million CAD to family members of six passengers who died on Ukraine International Airlines Flight PS 752…

Nov 24, 2021

WeirFoulds recognized in Who’s Who Legal: Canada 2021

WeirFoulds is pleased to announce that the firm has once again been recognized in Who’s Who Legal: Canada. Since 1996 Who’s Who Legal has identified the foremost legal…

Sep 20, 2021

Transportation Notes: Court Approves $1.5 Million Settlement of Cathay Pacific Data Breach Class Action

In the recent decision McLean v. Cathay Pacific Airways Limited,[1] the Supreme Court of British Columbia approved a settlement of a class action brought against Cathay Pacific…

Sep 10, 2021

WeirFoulds recognized in Chambers Canada Guide 2022

WeirFoulds is pleased to announce that the firm has once again been recognized in Chambers Canada: Canada’s Leading Lawyers for Business. In the 2022 edition, five of our partners…

Jul 27, 2021

Transportation Notes: Québec Superior Court Allows Class Action Against Sunwing, But Not Other Airlines

In a recent decision, the Superior Court of Québec allowed a class action to proceed against Sunwing Airlines and its tour operator, Sunwing Vacations. The central allegation…

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 23, 2021

WeirFoulds recognized in the 2021 Canadian Legal Lexpert Directory

WeirFoulds is pleased to announce that 28 of our lawyers have been recognized in 17 different practice areas in the 2021 Canadian Legal Lexpert Directory. Each lawyer…

Apr 8, 2021

Rebel, Rebel, Your Case is a Mess: More on the Challenges of Anti—SLAPP Motions

In November 2015, amendments to Ontario’s Courts of Justice Act facilitated the early dismissal of “strategic lawsuits against public participation”. The aim was to prevent the censure and intimidation…

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…

Feb 16, 2021

Transportation Notes: Air Carrier Avoids Liability for Refusal to Transport Disruptive Passenger

The British Columbia Civil Resolution Tribunal (BCCRT) recently ruled on a dispute involving an air carrier refusing to transport a disruptive passenger. In Serbinenko v. Air Canada,…

Dec 8, 2020

Transportation Notes: Filing of Insurance Certificates with the Canadian Transportation Agency

Air carriers offering scheduled international services to/ from Canada are required, by virtue of the Canada Transportation Act, S.C. 1996, c. 10, to file proof of insurance…

Nov 6, 2020

Transportation Notes: Air Passenger Rights Group Challenges CTA Statements on COVID-19 Vouchers

In the wake of travel restrictions and sweeping flight cancellations due to the COVID-19 pandemic, the Canadian Transportation Agency (“CTA”) issued two public statements on its website…

Sep 9, 2020

WeirFoulds recognized in Chambers Canada Guide 2021

WeirFoulds is pleased to announce that the firm has once again been recognized in Chambers Canada: Canada’s Leading Lawyers for Business. In the 2021 edition, five of…

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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