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 […]
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 […]