Federal Court


Air Law

AIRCRAFT

Irreparable harm to public aviation safety outweighed commercial interest of applicant

Applicant requested injunction to silence issuance of Civil Aviation Safety Alert (CASA) that Minister of Transport concluded was necessary as safety measure for security of flying public. CASA was to address risk from helicopter engine and drive train parts that applicant had allegedly improperly certified. Minister said parts were already in use around world, failure of which could lead to catastrophic failure. Interim confidentiality order was granted at outset for issues to be canvassed to ensure that applicant’s commercial interests were not jeopardized. Application dismissed. Court did not find serious issue to be tried existed that would put into question reasonableness of CASA. Plans submitted by applicant were not found to be adequate to justify risk which would ensue. Applicant admitted that it decided not to comply with request for listing of undocumented parts which it had certified due to expense. Irreparable harm to public aviation safety outweighed any commercial interest of applicant. Injunctive relief was denied and confidentiality order discontinued.

Rotor Maxx Support Ltd. v. Canada (Minister of Transport) (Apr. 24, 2015, F.C., Michel M.J. Shore J., File No. T-2586-14) 252 A.C.W.S. (3d) 811.

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