Responding to the dynamic and complex demands of the aviation industry requires passion and an in-depth understanding of the industry. Fasken Martineau’s Aviation group offers strategic legal advice covering all major aspects of domestic and international aviation, both contentious and non-contentious. Throughout our long history of serving the industry, our team has been at the forefront of the development of aviation law. We know the industry and understand the issues faced by clients whose business involves moving people and/or products.
For contentious matters, we have significant experience handling complex claims, including multi-party, multi-action, multi-jurisdiction and class action claims. We have developed detailed knowledge of almost all aspects of the aviation industry, particularly claims related to airline operations, aviation spares, aircraft valuations and repair, overhaul and maintenance.
For non-contentious matters, we offer highly effective and practical advice related to financing, leasing, regulatory, labour and employment, and a host of other matters related to the aviation industry.
We offer unrivalled technical knowledge and have established relationships that enable us to serve your needs in all major and most minor jurisdictions worldwide. Thanks to our firm’s unique geographic footprint, we are uniquely positioned to provide “around the corner and around the world” service.
We represent domestic and international air carriers, airports, aircraft owners and operators, repair stations, fixed and rotary wing aircraft and component manufacturers, and flying clubs and schools. We also act for aviation brokers, international insurers, underwriters and syndicates. Through our work we have developed strong relationships with governments, banks, maintenance and leasing companies, and other aviation service providers.
We work with Aviation Advocacy, an aviation regulatory consultancy based in Geneva and Brussels. We are actively involved with Air Transport Association of Canada (ATAC), and the Aviation Insurance Association (AIA). Our work also involves acting for governmental and international agencies, including IATA and the Canadian Transportation Safety Board.
We have advised and represented clients on many matters including:
- Acquisitions/sale and purchase registration and financing of aircraft.
- Negotiating agreements for airlines, in relation to maintenance, payment card processing, travel agents, airline employees and independent contractors.
- Cargo claims, including subrogation and defence work.
- Licensing, regulatory and administrative matters.
- Representation before inquiries, administrative tribunals and agencies and legislative committees.
- Transportation insurance, including claims and policy advice.
- Transport Canada with air operator and foreign air operator certification and amendments and aerodrome registration.
- Canadian Transportation Agency with licensing, tariffs, air service price advertising, Canadian ownership rules; advocacy with passenger complaints including mistaken fares, flight delays, and baggage; and service schedules.
- Canadian Border Services Agency with bonded air carrier operations.
- Licences to operate, new air service assistance agreements and leases of terminal space with airport authorities.
- Acting for aviation insurers, underwriters and the Transportation Safety Board of Canada in prosecuting and defending numerous types of aviation liability claims.
- Airport Authorities with licences to operate, new air service assistance agreements, and leases of terminal space.
- Complex private and court-supervised financial restructurings as well as liquidations, receiverships, winding-ups, bankruptcies, priority disputes, reviewable transactions litigation and related matters, as legal advisors to lenders, creditors, economic investors, borrowers, insolvency professionals and other interested parties.