Legal Aviation Court Cases and their decisions

[bluenote]

I am trying to find a site where I can find legal case studies and their outcomes.

Things like people breaking leases, operating aviation companies fraudulently, etc.

thanks

[bose]

hi i think maybe you can talk to helinas because he also look for this kind information in the past

[Ogee]

if you're talking about Canada, then try this one

http://www.canlii.org

This site contains the decisions of I think every level of court in Canada for a minimum of ten years, and some up to 20 years back. You have to choose your search terms carefully to get the results you want without a whole bunch of nonsense coming up. If, for instance, you are looking for violations, probably "Canadian Aviation Regulations" or "Aeronautics Act" is a good search phrase. In fact, if its in court and its got to do with aviation either or both of those terms will be in there.

Unless you have a specific province in mind, I'd advise taking the first search page that comes up.

I just put "Aeronautics Act" in the Search All Canlii Databases, and a whole lot of hits came up. 583 actually.

[bluenote]

Thanks Ogee for the info. I know about the Canlii site but trying to find aviation related matter was not that easy but I will try what you said,

hey bose what are you trying to say there cowboy!!

[JBI]

Further on the canlii.org info. If you click on the Aeronautics Act and then at the top hit "Note up" it will show you the cases they have listed that reference the act. The same will work when you select certain regulations, such as the CARS.

As well, when doing your searches, you can use some search term connectors. Hit the 'tips' button to get more information.

The pay subscription sites such as Westlaw and Quicklaw have more indepth search terms. If you know any law students, they get free subscriptions for research purposes if you're just looking for some educational reading. However, if you're researching for an actual action, law firms have paid subscriptions, but they're not cheap.

[Hot Fuel]

Great link, I stumbled upon two law suits dealing with training bonds and attempts to avoid paying when they left the employ. In one case the applicant attempted argue that he was forced to leave the employer because of safety concerns...he didn’t like his co-pilot and tried to argue he wasn’t safe. I also found at least three law suits directed at the same air service for constructive dismissal.

In all of the cases I found the employer prevailed. In the training bond cases the pilots had to pay the balances owing on their bonds. Additionally in all of the cases the applicants had to pay the court costs as well!

[HORUNNER]

Great link, I stumbled upon two law suits dealing with training bonds and attempts to avoid paying when they left the employ. In one case the applicant attempted argue that he was forced to leave the employer because of safety concerns...he didn’t like his co-pilot and tried to argue he wasn’t safe. I also found at least three law suits directed at the same air service for constructive dismissal.

In all of the cases I found the employer prevailed. In the training bond cases the pilots had to pay the balances owing on their bonds. Additionally in all of the cases the applicants had to pay the court costs as well!

Can you share the links for these???

Unless you are trolling, constructive dismissal is one of the easest things to claim and hardest to defend for a employer.

[ng78]

Interesting thread! I came across a lawsuit involving my previous employer in the link provided earlier. I and the other pilots who worked for this company are now in a situation where we need to go after them for two month's pay, expenses, per diems, and other miscellaneous items. We're going through Labour Canada, but the process is taking forever and not having the desired results. Interestingly, Labour Canada only considers flight time as the work pilots do. Duty days, being on reserve or on call, and other aspects of the job don't seem to count. And GDO's count towards vacation too ...

[Hot Fuel]

Sorry I won’t provide the direct links, I recognize they are public record however they contain individual’s names and details, some of which are not too flattering and perhaps personally embarrassing to the individuals involved.

I will give you a hint however; in the search function enter the phrase “constructive dismissal” you will get about 20 pages of cases, the aviation type cases are easily identified as they all contain identifiable company names.