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The Court of Appeal granted a stay pending appeal of an order requiring a fill permit to issue, found the appeal arguable, and ordered it expedited.
The Agency’s interpretation is correct: a disruption is 'within a carrier’s control but required for safety purposes' when the carrier incurs that disruption to reduce a risk to passenger safety despite having taken reasonable measures (1) to plan and conduct day-to-day operations to avoid situations causing that risk and (2) to follow a reasonable contingency plan developed to effectively and expeditiously reduce the risk. The Court upheld the Agency’s approach (prudent and diligent carrier standard), concluded WestJet failed to discharge the evidentiary burden, and dismissed the appeal.
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The Court upheld the trial judge: UIA failed to prove on the balance of probabilities that it was not negligent under Article 21 of the Montreal Convention because its security risk assessment breached the standard of care (insufficient information gathering, failure to perform required safety assessment, and failure to consult the flight commander/Operational Control), those breaches were a but‑for cause of the fatalities, and the losses were not too remote, therefore the appeal is dismissed and UIA’s liability remains unlimited under the Montreal Convention.
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The Tribunal granted the BCCLA limited interested person status, allowing focused submissions on Charter and CHRA remedy issues but barring new evidence and CMCC participation.
The Tribunal denied the Commission’s motion to join the Francis and Antwi complaints, holding that the imminent Francis hearing would be delayed and the cases were at different stages.
The Federal Court dismissed a motion to schedule a fresh certification hearing, holding it had no jurisdiction to reopen a final refusal of class certification.
The Federal Court held Air Canada liable in part for a 33-day delay after visas were cancelled at check-in, and dismissed claims against the Crown.
Sunwing Vacations Inc. was properly added as a defendant and, on the evidence, the cancellations were within the control of the defendants and they failed to prove they took all reasonable measures to avoid the damage; accordingly Sunwing Airlines Inc. and Sunwing Vacations Inc. are jointly and severally liable under Article 19 of the Montreal Convention and contract law for the claimant’s additional costs, assessed at $2,652.76 plus costs $200.00.
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The court granted a narrow interim injunction preventing WestJet from reposting fixed reimbursement limits for hotels and meals, but refused mandatory notice and policy-change relief.
The Federal Court held Brink’s did not make a special declaration of interest or pay a supplementary sum under Article 22(3) of the Montreal Convention.
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