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Aviation - Carriage by Air Act. 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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