Canada

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Canada: denied boarding claim dismissed by Ontario Superior Court of Justice

The plaintiff booked a seven-day trip to Jamaica with WestJet. On September 18, 2011he was given a boarding pass for the outward flight when he presented his Canadian citizenship card at the airport. After a week in Jamica, he presented himself for boarding for the return flight but was denied baording because  he did not have a passport but only presented his Canadian driver's licence, health card and social insurance card. The plaintiff  protested, arguing that the citizenship card had been sufficient for him to travel to Jamaica.

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Ontario: claim against Mexican hotel stayed for lack of jurisdiction

In the spring of 2006, the plaintiff, Angela Haufler, was injured while on vacation in Mexico with her mother, a friend, and the friend's mother. The injury occurred while she was participating in an all-terrain vehicle (“ATV”) excursion.

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Canada: Ontario Superior Court of Justice decides on Montreal Convention exclusivity

On January 14, 2011, Ashlyn O’Hara was a passenger on Air Canada Flight AC878  from Toronto to Zurich. During the flight, the First Officer went to sleep for approximately  75 minutes. When the First Officer awoke, the Captain informed him that a United States Air Force Boeing C-17 had appeared as a traffic alert and collision avoidance system target on the flight’s navigational display. The Captain apprised the First Officer of this traffic.

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Canada: CTA orders Air Canada and Porter Airlines to revise domestic tariff provisions

In two separate decisions of Aug. 29, 2013, the Canadian Transportation Agency (CTA) ordered Air Canada and Porter Airlines to revise certain domestic tariff provisions. A tariff is the contract between the carrier and the passenger which contains an air carrier’s terms and conditions of carriage. Tariff provisions are enforceable by the CTA.

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Canada: CTA decides on overbooking - and finds European compensation system unreasonable

On December 12, 2011, Gábor Lukács filed a complaint with the Canadian Transportation Agency (CTA) alleging that Air Canada’s practice of overselling domestic flights and certain domestic tariff provisions governing denied boarding compensation appearing in Air Canada’s Tariff are unreasonable. He requested the CTA to:

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Canada: Federal Court of Appeal decides on exclusivity of Montreal Convention liabiliy rules

Pursusant to the Official Languages Act, Canadians have the right to communicate with federal institutions in either of the two official languages English and French. Air Canada is subject to this act and therefore must provide services in both official languages.

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Canada: unruly passenger ban upheld by Transportation Agency

The claimant Guillaume Boutin filed a complaint with the Canadian Transportation Agency against Air Canada regarding a permanent travel ban imposed by Air Canada following an incident that occurred at the Cancun, Mexico airport just prior to Mr. Boutin’s return flight to Montréal, Quebec, Canada, on February 29, 2012.

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Canada: new Air Price Advertising Rules

In December 2011, the Government of Canada announced that the Canadian Transportation Agency would develop regulations requiring all-inclusive air price advertising. These regulations are now published on Part II of the Canada Gazette.

The regulations support two key objectives:

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Canada: class action over expiring loyalty program points

On March 6, 2012, the Quebec Superior Court authorized a class action against Groupe Aeroplan Inc. relating to its decision to implement expiry dates on its loyalty program points (“Miles”). Under the new Aeroplan Terms and Conditions, if there is no activity in a member's Aeroplan account within a 12-month period, the Miles will expire. Accumulated Miles will also expire if they are not used within seven years of acquisition.

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Canada: Transportation Agency decides in flight cancellation and overbooking cases

In five separate decisions of June 28, 2012, the Canadian Transportation Agency ruled on the reasonableness of international tariff provisions of Air Canada, WestJet and Air Transat, and domestic tariff provisions of Air Canada and WestJet relating to the overbooking, cancellation, delay and rerouting of flights.

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