Settlements have been reached with Air Canada and British Airways. For more information on this class action, click here.
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Class Action Updates
March 1, 2021
Approved – Automotive Wire Harness Systems, Air Flow Meters, Electronic Control Units, Fan Motors, Fuel Senders, Power Window Motors, and Windshield Washer Systems. Settlements have…
February 25, 2021
On February 4, 2021, Mr. Justice Mayer, the case management judge in the Boilermakers’ Pension Plan action approved the settlement agreement, the distribution plan and…
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INFORMATION FOR LAWYERS LOOKING FOR LEGAL EXPERTISE IN BC AND CANADA
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:
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
- Airbus Statements of Defence
- GTAA Statement of Defence
- Goodrich Statement of Defence
- Nav Canada 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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