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People: Carlos Martins

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 is that Sunwing […]

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 […]

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 was selected based […]

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 of persons expressing […]

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 […]

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, the BCCRT found […]

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 each year as […]

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 suggesting that it […]

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 our partners are […]

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 […]

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