Canadian Courts Dismiss Air Carrier Claims on Preliminary Bases - Air and Space Law View Canadian Courts Dismiss Air Carrier Claims on Preliminary Bases by - Air and Space Law Canadian Courts Dismiss Air Carrier Claims on Preliminary Bases 48 4 /5

This article discusses recent Canadian jurisprudence which affirms that the Montreal Convention (The Montreal Convention was incorporated into Canadian law as a dualist system of international law by the Carriage by Air Act, Revised Statutes of Canada (RSC) 1985, c C-26 exclusively governs claims arising from international flights seeking damages for death or bodily injury; destruction, damage or loss to baggage and cargo; and delays. Plaintiffs who seek recourse without properly pleading the Montreal Convention, or adhering to its limitation period, risk having their claims dismissed on a preliminary basis. Additionally, plaintiffs who improperly bring claims in the Federal Court of Canada risk having their claims summarily dismissed on jurisdictional grounds.

Air and Space Law