WRONGFUL DEATH ACTIONS UNDER THE CANADIAN CARRIAGE BY AIR ACT
Abstract
In 1939 the Parliament of Canada enacted the Carriage by Air Act for the purpose of enabling Canada to perform its obligations respecting the provisions under the Warsaw Convention. In this article the author examines many features of the Carriage by Air Act in relation to existing laws in Canada. In particular, he compares it with the Ontario Fatal Accidents Act as a means of examining how wrongful death claims under the Carriage by Air Act operate in the face of existing provincial wrongful death statutes. In doing so the author illustrates that in some instances, the Carriage by Air Act attaches new concepts of carrier liability to the existing provincial statutes while in other instances, it substitutes new rules for existing ones.Keywords:
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