Canadian Manual of International Air Carriage

Overview

The Canadian Manual of International Air Carriage is a practical guide to the law of international air carriage, particularly as it applies in Canada under the Carriage by Air Act and Canadian judicial authorities. It provides a clear guide to the choice of law and jurisdiction in any specific carriage and explains the legal provisions and principles applicable to a contract of air carriage in given circumstances. The book draws together the numerous and disparate provisions of the treaties governing air carriage into a coherent, organized, and easily accessible framework for the analysis of legal claims and the conduct of international air carriage litigation in Canada.

Specialists in aviation law will find this a useful book for easy reference. The book will also serve as a practical guide to practitioners without extensive experience in this field when they are advising clients and handling litigation. Finally, jurists, arbitrators, mediators, and members of the aviation and insurance communities will find it helpful when dealing with claims and losses arising from international air carriage.

Table of Contents

Preface

CHAPTER 1: INTRODUCTION
A) Historical Overview
B) Exclusive Application of Convention Law
C) Judicial Interpretation

CHAPTER 2: SCOPE OF APPLICATION OF MONTREAL AND WARSAW CONVENTIONS
A) International Air Carriage Defined
B) Determination of the Rules Governing a Specific Carriage

CHAPTER 3: PASSENGER LIABILITY UNDER THE MONTREAL CONVENTION
A) Death and Bodily Injury
B) Baggage Loss and Damage
C) Liability for Delay
D) Documents of Carriage

CHAPTER 4: PASSENGER LIABILITY UNDER THE WARSAW CONVENTION
A) Death and Bodily Injury
B) Baggage Loss and Damage
C) Liability for Delay
D) Documents of Carriage

CHAPTER 5: CARGO LIABILITY
A) Ambit of Liability
B) Defences
C) Monetary Limits
D) Liability for Delay
E) Claims Procedure
F) Documents of Carriage

CHAPTER 6: LIABILITY OF SUCCESSIVE CARRIERS
A) General
B) Passenger Compensation
C) Baggage and Cargo
D) Liability Between Carriers

CHAPTER 7: CARRIAGE BY CONTRACTING/ACTUAL CARRIERS
A) General
B) Liability of the Carriers
C) Claims Against the Carriers
D) Jurisdiction

CHAPTER 8: LIABILITY OF SERVANTS AND AGENTS OF CARRIER
A) Montreal Convention
B) Warsaw Convention

CHAPTER 9: ACTIONS COMMENCED UNDER THE CONVENTIONS
A) Jurisdiction
B) Limitation of Actions
C) Fatal Accident Actions in Canada
D) Pre-Judgement Interest
E) Costs
F) Conversion of Monetary Units

APPENDIX A: CARRIAGE BY AIR ACT
SCHEDULE I: Warsaw Convention 1929
SCHEDULE II: Provisions as to Liability of Carrier in the Event of Death of a Passenger
SCHEDULE III: Hague Protocol 1955
SCHEDULE IV: Montreal Protocal No. 4 1975
SCHEDULE V: Guadalajara Supplementary Convention 1961
SCHEDULE VI: Montreal Convention 1999

APPENDIX B: STATES PARTIES TO THE CONVENTIONS

APPENDIX C: UNIFIED TEXT OF WARSAW CONVENTION, AS AMENDED BY THE HAGUE PROTOCOL AND MONTREAL PROTOCOL NO. 4

APPENDIX D: AGREEMENT ON MEASURES TO IMPLEMENT THE IATA INTERCARRIER AGREEMENT 1996 AND LIST OF SIGNATORY CARRIERS

Table of Cases
Index
About the Author

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