That is a very, very, interesting case. I will be making a new thread in General regarding an absurd court finding in Calgary last month in which all of this is in play, and in which the law, in respect of small carrier aircraft leasing, is significantly changed.The decision results in certain potential financial time bombs facing lessees of small 702/703 aircraft with the lease being solely based on the short form "Transport Canada" lease that is submitted to register a leased aircraft to a commercial lessee.digits_ wrote: ↑Mon Mar 28, 2022 2:42 pmI found a link to the case you were talking about:photofly wrote: ↑Sun Mar 27, 2022 1:54 pmThat interpretation got shot down in flames by the TATC not long ago, in a case against EVAS Air that TC lost. The tribunal said TC was talking a load of bunkum and the government wasn’t free to invent its own definition of “type design” to the contrary of the very narrow one in the CARs.
The TATC said damage could be a matter of safety and invalidate the flight authority that way but damage had nothing to do with the design, per se.
I don’t think they could get a conviction on that basis, now.
https://decisions.tatc.gc.ca/tatc/tatc/ ... ocument.do
I made my comment in this thread somewhat facetiously. I have a very knowledgeable acquaintance with TC and TSB credentials, and he told me that in theory, an aircraft no longer meets its type design the moment something first adheres to its surface, or chips from it, after it leaves the production line. He acknowledges that the practical meaning is much different, and the focus is on safe to fly, which means all inspections are within time, all time lifed products are within their lives, and any defects logged are either deferred or rectified.