Aviation is a highly specialized and complex area of law that requires a deep understanding of the industry.
We have extensive experience in the area of aviation law and have, for decades, helped clients with liability claims, TSB investigations, and business law matters.
Aviation disputes are complex. Our clients rely on us to assist them in navigating the unique challenges they face drawing on our solid understanding of the sensitive issues that may be in play, our in-depth knowledge of regional considerations and our ability to access the right experts.
We have significant experience advising insurers and their insureds on a variety of issues including liability and coverage disputes. We work closely with local adjusters and respected experts to assess the legal risks faced by underwriters and operators and provide them with strategic options and solutions that best meet their needs.
We have also advised municipalities and other public bodies with respect to federal aviation regulations and governmental compliance.
We are counsel to:
- Aviation insurers and brokers
- Aviation syndicates
- Aircraft owners and operators
- Aircraft maintenance and repair facilities
- Airlines
- Airports
- Charter operators
- Flying clubs and flight schools
Our aviation lawyers are active members of the following organizations:
- Air Transportation Association of Canada – ATAC
- Aviation Insurance Association – AIA
- Canadian Bar Association – Toronto Branch, Air Law Subection
- Helicopter Association of Canada – HAC
- Helicopter Association International – HAI
Services
- Passenger claims including loss of life, loss of property and bodily injury.
- Major claims such as total loss of aircraft, hull damage and fire damage.
- Equipment damage claims.
- Lease negotiations.
- Product liability for parts and equipment such as propellers, rotors, tires, and finely-engineered instruments.
- Enforcement of foreign letters rogatory.
- Regulatory and administrative proceedings including: Transportation Safety Board of Canada hearings, representation before the Transportation Appeal Tribunal of Canada, representation at Coroners' Inquests.
Typical Situations
- A helicopter filled with tourists crashes on a sunny summer day, landing in a residential area. Lives are lost, passengers are permanently hurt and a business goes bankrupt.
- A small regional airport is sued by the owner of a private jet, whose plane tires are damaged by poor runway conditions.
- An airline loses track of a passenger’s dog for six hours. The pet finally arrives, but is severely dehydrated and in need of veterinary help. The story hits the media, and the passenger sues the airline.
Select Cases
- Provided counsel for a defendant at the mediations of several bodily injury and wrongful death actions that resulted from a tragic hot air balloon disaster. This was the first case in Canada to arise out of a propane explosion in a hot air balloon.
- Provided counsel in several actions that arose after an aircraft crashed upon takeoff from one of Ontario’s Gulf Islands.
- Provided counsel for a third party supplier in a products liability action that resulted from a heli-logging accident and involved metallurgical analysis.
- Successfully defended an operator in a lease dispute with an aircraft owner.
- On behalf of a creditor, negotiated the return of a helicopter that was flown across the US-Canada border and allegedly used in criminal activity. Ellison Peters Professional Corporation worked with a TAGLaw affiliate firm in Dallas, Texas in the negotiations.
- Currently providing opinions regarding coverage and or discharge matters for aviation underwriters.
- Currently negotiating various claims on behalf of major airport operators in Ontario.
- Currently negotiating various claims for minor injury and property damage on behalf of airlines and their insurers.
