Parlez-Vous Français? Treaty Precludes Award Of Damages For Language Rights Violation
One of the most interesting aspects of aviation law involves the determination of which legal regime applies to a particular case. Because aircraft fly across provincial and national borders, lawyers practising in the field of aviation may find themselves dealing with provincial law, federal law, foreign law or international treaties. There are times when all of these laws may apply and there are times when conflicts between these laws must be resolved.
In Thibodeau v. Air Canada, 2012 FCA 246, the Federal Court of Appeal considered an apparent conflict between the Montreal Convention and the Official Languages Act, R.S.C. 1985, c. 31 (4th Supp.) (the "OLA"). This case resulted from a complaint filed by Michel and Lynda Thibodeau with the Commissioner of Official Languages. The Thibodeaus complained that Air Canada did not offer...
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