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Aviation - Carriage by Air Act. Zoghibi v. Air Canada
In Zoghibi v. Air Canada (Fed CA, 2024) the Federal Court of Appeal considered an appeal of a JR challenging a CHRC decision, here stemming from a complaint by an airline passenger who sought 'financial relief' for alleged discrimination.
Here the court considers some of the Canadian law of air travel:(3) The general legal framework concerning international travel
[11] A Canadian statute, the Carriage by Air Act, R.S.C. 1985, c. C-26, incorporates the Convention for the Unification of Certain Rules for International Carriage by Air, 2242 UNTS 309 [Montreal Convention] into Canadian law: see s. 2(2.1).
[12] The Montreal Convention sets out exclusive rules on when and to what extent an airline is liable for incidents during international air travel. It bars monetary damages for incidents during international air travel, including, as here, embarkation. Article 17 allows only for monetary compensation in cases of "“death or bodily injury of a passenger”" where "“the accident took place on board the aircraft or in the course of any of the operations of embarking or disembarking”". And article 29 of the Montreal Convention provides that "“punitive, exemplary or any other non-compensatory damages shall not be recoverable”". . International Air Transport Association v. Canadian Transportation Agency
In International Air Transport Association v. Canadian Transportation Agency (Fed CA, 2022) the Federal Court of Appeal considers the relation between the "Convention for the Unification of Certain Rules for International Carriage by Air, 28 May 1999", 2242 U.N.T.S. 309 (the Montreal Convention) and the federal Carriage By Air Act:[80] It is no doubt true that subsection 2(2.1) of the CAA which generally incorporates the provisions of the Montreal Convention insofar as they relate to "“the rights and liabilities”" of various actors involved in air transportation, is on its face less precise than the detailed obligations and compensation provided for by section 86.11 of the CTA. Subsection 2(2.1) of the CAA is only meant to be a short hand reference to the various provisions of the Montreal Convention dealing with the rights and liabilities of carriers, passengers and other persons covered by the Convention, not a full-fledged description of these rights and liabilities. For that, one must refer to the Convention itself. And the Convention can hardly be said to be less specific than the CTA. These quotes also contain an extensive review of the Montreal Convention [at para 93-111].
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