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Proposed Class Action

Camp Fiorante Matthews (“CFM”) and Will Barristers: Morin & Miller LLP have joined with Sutts Strosberg LLP and Glyn Hotz, to pursue a class action lawsuit on behalf of all passengers on board Air France Flight 358. The lawsuit has been commenced in the Superior Court of Ontario against Air France, the Greater Toronto Airports Authority, Nav Canada, the Pilot and Co-pilot of Flight 358, Airbus S.A.S. and Goodrich. The lawsuit seeks damages for all passengers and their family members including damages for personal injury (which may include pain, suffering and emotional trauma) and any losses or expenses resulting from the destruction of personal property. A copy of the Statement of Claim can be viewed by clicking on this link:

Air France Statement of Claim

On June 1, 2006, the Superior Court of Ontario ordered that the action may proceed as a class action. The class action will be lead by J.J. Camp, Q.C. and Joe Fiorante of CFM and Paul Miller of Will Barristers: Morin & Miller LLP.

A copy of the Statements of Defence filed by the Defendants can be viewed by clicking on these links:Airbus Statement of Defence

The case involves a number of important and complex issues of law and fact including the following:

  • the extent of an air carrier’s liability under the Montreal and Warsaw Conventions to pay damages to passengers for any emotional distress or other psychological illness suffered by passengers
  • the duties and responsibilities of air traffic control service providers under Canadian law
  • the duties and responsibilities of airport operators under Canadian law
  • the jurisdiction of the Canadian courts under the Montreal and Warsaw Conventions
  • the lack of technologies at LBPIA to provide advance warning against dangerous wind conditions produced by thunderstorms

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