Aviation Lawyer

This forum has been developed to discuss aviation related topics.

Moderators: sky's the limit, sepia, Sulako, lilfssister, North Shore, I WAS Birddog

Post Reply
sunk
Rank 3
Rank 3
Posts: 175
Joined: Mon Aug 25, 2014 3:51 pm

Aviation Lawyer

Post by sunk »

Looking for a lawyer around the Calgary area that specializes in aircraft maintenance. Any recommendations?
---------- ADS -----------
 
North Shore
Rank Moderator
Rank Moderator
Posts: 5619
Joined: Mon Feb 16, 2004 3:47 pm
Location: Straight outta Dundarave...

Re: Aviation Lawyer

Post by North Shore »

Try user: JBI ? He is (or was,) a practicing lawyer, so I'm sure that he'll have some idea of the issues you may face..
---------- ADS -----------
 
Say, what's that mountain goat doing up here in the mist?
Happiness is V1 at Thompson!
Ass, Licence, Job. In that order.
sunk
Rank 3
Rank 3
Posts: 175
Joined: Mon Aug 25, 2014 3:51 pm

Re: Aviation Lawyer

Post by sunk »

Is that the name of the law firm, couldn’t find them on google.
---------- ADS -----------
 
khedrei
Rank 7
Rank 7
Posts: 735
Joined: Tue Sep 13, 2016 2:27 pm

Re: Aviation Lawyer

Post by khedrei »

A member on this forum. You can send him a pm by just typing JBI in the box.
---------- ADS -----------
 
DHC-1 Jockey
Rank 8
Rank 8
Posts: 875
Joined: Mon Jan 28, 2008 6:41 pm

Re: Aviation Lawyer

Post by DHC-1 Jockey »

sunk wrote: Fri Jan 03, 2025 2:08 pm Is that the name of the law firm, couldn’t find them on google.
His name is James Ball and has advertised on Avcanada before regarding a book he wrote.

https://notaveragelaw.com/lawyer-profiles/James_Ball
---------- ADS -----------
 
fling_wrench
Rank 0
Rank 0
Posts: 5
Joined: Sun Jun 30, 2024 10:06 am

Re: Aviation Lawyer

Post by fling_wrench »

Not to pry into anyone specific circumstances, but what scenarios in maintenance would require a lawyer?
Just curious about what's out there, "The more you know"
---------- ADS -----------
 
JBI
Rank (9)
Rank (9)
Posts: 1184
Joined: Wed Feb 18, 2004 11:21 am
Location: YYC / LGA

Re: Aviation Lawyer

Post by JBI »

DHC-1 Jockey wrote: Fri Jan 03, 2025 9:00 pm
sunk wrote: Fri Jan 03, 2025 2:08 pm Is that the name of the law firm, couldn’t find them on google.
His name is James Ball and has advertised on Avcanada before regarding a book he wrote.

https://notaveragelaw.com/lawyer-profiles/James_Ball
Thanks for the mentions. I've touched base with the poster through LinkedIn. Although I am a practicing lawyer, the way I've set up my bar registration and liability insurance I'm not able to take on clients other than the volunteer work I do with IFALPA.

As for the book, it's now unfortunately woefully out of date and the publisher is no longer printing new copies (per my request). I'd love to do an update at some point, but with two young kids at home, flying full-time, aging parents etc., I just don't see that happening anytime soon.
---------- ADS -----------
 
sunk
Rank 3
Rank 3
Posts: 175
Joined: Mon Aug 25, 2014 3:51 pm

Re: Aviation Lawyer

Post by sunk »

fling_wrench wrote: Fri Jan 03, 2025 10:20 pm Not to pry into anyone specific circumstances, but what scenarios in maintenance would require a lawyer?
Just curious about what's out there, "The more you know"
I had major work done an my aircraft that requires a bunch of warranty work due to the poor workmanship. Going after the shop to get the aircraft brought up to standards. I want it to go to a third party as I as don’t trust the shop to do the correct repairs.
---------- ADS -----------
 
SeptRepair
Rank 8
Rank 8
Posts: 889
Joined: Sun Feb 03, 2008 1:41 pm
Location: Wet Coast.

Re: Aviation Lawyer

Post by SeptRepair »

sunk wrote: Sat Jan 04, 2025 12:06 am ...aircraft brought up to standards.
Whose standards? Yours or Airworthiness?
---------- ADS -----------
 
How can you tell which one is the pilot when you walk into a bar?....Don't worry he will come up and tell you.
cdnavater
Rank 10
Rank 10
Posts: 2481
Joined: Wed Apr 21, 2021 11:25 am

Re: Aviation Lawyer

Post by cdnavater »

SeptRepair wrote: Sat Jan 04, 2025 9:40 am
sunk wrote: Sat Jan 04, 2025 12:06 am ...aircraft brought up to standards.
Whose standards? Yours or Airworthiness?
I agree, if the shop in question did not make the repairs to airworthiness standards, that is pretty straightforward, I wouldn’t think a lawyer would be needed!
---------- ADS -----------
 
khedrei
Rank 7
Rank 7
Posts: 735
Joined: Tue Sep 13, 2016 2:27 pm

Re: Aviation Lawyer

Post by khedrei »

I had an argument about maintenance on my Mooney quite a few years back. It wasn't so much quality of work but them doing work I didn't authorize, never even talked about and overall just overcharging. I just wanted it to be over, I asked for work reports and it took forever for them to explain and to figure out where all the hours came from. I told him we needed to meet in the middle of what I expected based on the snag list and his final price or I would simply pay the bill to get my plane back but it would come with a plantifs notice for small claims court.

We settled.

Small claims can go up to 25k in Ontario as far as I know.

Pm me if you'd like. Could be the same place.
---------- ADS -----------
 
User avatar
Bede
Rank 11
Rank 11
Posts: 4651
Joined: Tue Mar 09, 2004 5:52 am

Re: Aviation Lawyer

Post by Bede »

Joe Barnsley in Winnipeg does aviation law. Not sure if he's of the Alberta bar.
Not only will you need a lawyer, more importantly you will need an expert witness. An AME who not only is a very experienced (ie credible witness) but also can explain complex aviation related matters to a lay audience (ie a judge).
---------- ADS -----------
 
sunk
Rank 3
Rank 3
Posts: 175
Joined: Mon Aug 25, 2014 3:51 pm

Re: Aviation Lawyer

Post by sunk »

Most of the items are airworthiness items, some are cosmetic like the paint. I do have expert witnesses and will be getting TC involved as well.
---------- ADS -----------
 
User avatar
Bede
Rank 11
Rank 11
Posts: 4651
Joined: Tue Mar 09, 2004 5:52 am

Re: Aviation Lawyer

Post by Bede »

Do NOT get TC involved. If you're claiming that there were airworthiness defects they will ask you why you flew a plane with defects
---------- ADS -----------
 
khedrei
Rank 7
Rank 7
Posts: 735
Joined: Tue Sep 13, 2016 2:27 pm

Re: Aviation Lawyer

Post by khedrei »

How much money are we talking about here? Lawyers are expensive. And your time is worth something. It could be better to come to an agreement and chalk it off to a lesson on which mechanic not to visit.
---------- ADS -----------
 
User avatar
5x5
Rank (9)
Rank (9)
Posts: 1564
Joined: Sun Feb 15, 2004 7:30 pm

Re: Aviation Lawyer

Post by 5x5 »

Bede wrote: Sun Jan 05, 2025 7:25 am Do NOT get TC involved. If you're claiming that there were airworthiness defects they will ask you why you flew a plane with defects
Hefty +1 to this! TC are not your friends.
---------- ADS -----------
 
Being stupid around airplanes is a capital offence and nature is a hanging judge!

“It ain't what you don't know that gets you into trouble. It's what you know for sure that just ain't so.”
Mark Twain
sunk
Rank 3
Rank 3
Posts: 175
Joined: Mon Aug 25, 2014 3:51 pm

Re: Aviation Lawyer

Post by sunk »

Bede wrote: Sun Jan 05, 2025 7:25 am Do NOT get TC involved. If you're claiming that there were airworthiness defects they will ask you why you flew a plane with defects
These airworthiness items were not found until the aircraft was opened up for a 100 hr inspection.
---------- ADS -----------
 
sunk
Rank 3
Rank 3
Posts: 175
Joined: Mon Aug 25, 2014 3:51 pm

Re: Aviation Lawyer

Post by sunk »

khedrei wrote: Sun Jan 05, 2025 8:43 am How much money are we talking about here? Lawyers are expensive. And your time is worth something. It could be better to come to an agreement and chalk it off to a lesson on which mechanic not to visit.
About 100,000
---------- ADS -----------
 
khedrei
Rank 7
Rank 7
Posts: 735
Joined: Tue Sep 13, 2016 2:27 pm

Re: Aviation Lawyer

Post by khedrei »

Ouch. Is that what it will cost you to rectify things with another mechanic? Or is that what you paid him? If it's the former, I can only assume the initial bill is several times that.

I'm really sorry to hear that. Sounds like a lawyer is in order.
---------- ADS -----------
 
sunk
Rank 3
Rank 3
Posts: 175
Joined: Mon Aug 25, 2014 3:51 pm

Re: Aviation Lawyer

Post by sunk »

khedrei wrote: Mon Jan 06, 2025 11:09 am Ouch. Is that what it will cost you to rectify things with another mechanic? Or is that what you paid him? If it's the former, I can only assume the initial bill is several times that.

I'm really sorry to hear that. Sounds like a lawyer is in order.
The actual bill was approximately 270,000 and at least 100,000 to fix the screw ups.
---------- ADS -----------
 
User avatar
Bede
Rank 11
Rank 11
Posts: 4651
Joined: Tue Mar 09, 2004 5:52 am

Re: Aviation Lawyer

Post by Bede »

Ouch. Yeah lawyer is in order.

What kind of plane?

My dad has to go after a place once that installed a fuel selector in correctly resulting in a forced landing but no damage. (L was both, both was right, right was off, off was left.) He got his money back that he paid them but didn't recover the cost of the AME to inspect the plane following the forced landing.
---------- ADS -----------
 
Dias
Rank 4
Rank 4
Posts: 272
Joined: Tue Jan 19, 2021 10:22 pm

Re: Aviation Lawyer

Post by Dias »

Bede wrote: Thu Jan 09, 2025 6:25 am Ouch. Yeah lawyer is in order.

What kind of plane?

My dad has to go after a place once that installed a fuel selector in correctly resulting in a forced landing but no damage. (L was both, both was right, right was off, off was left.) He got his money back that he paid them but didn't recover the cost of the AME to inspect the plane following the forced landing.
THE PIC IS RESPONSIBLE!!1!
---------- ADS -----------
 
Post Reply

Return to “General Comments”