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Case law and comments

Case law and comments ATC LIABILITY. Negligence on the part o f Air Traffic Control does n o t detract from the primary responsibility o f the pilot. Churchill Falls (Labrador) Corporation Ltd, and Atlantic Aviation o f Canada Ltd. v. Her Majesty the Queen et al. Federal Court o f Canada, Trial Division, Nos. T- 1414-71 and T-274-72, July, 10, 1974. Under appeal. Reported in summary at p. 15,357 CCH Canadian Insurance Law Reports. On November 11, 1969 a small twin engine executive DH-125 jet crashed at Wabush, Labrador, Canada, killing the two pilots and six passengers on board. These particular actions concern the claims of the owners of the aircraft for the loss of the airplane and for indemnity with respect to the actions commenced by the passengers. The actions are taken against the Crown in right of Canada and against individual Air Traffic Controllers and ATC officers. The ill-fated triptook place in controlled airspace from Churchill Fallsto Wabush, both in Labrador, Newfoundland. ATC clearance for the trip was received from the Moncton area control centre which has responsibility respecting air traffic over the entire area. The Moncton centre has a number of air traffic controllers in individual sectors each http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Air and Space Law Kluwer Law International

Case law and comments

Keenan
Air and Space Law , Volume 1 (1) – Feb 1, 1975
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Kluwer Law International
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Copyright © Kluwer Law International
ISSN
0927-3379
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Abstract

ATC LIABILITY. Negligence on the part o f Air Traffic Control does n o t detract from the primary responsibility o f the pilot. Churchill Falls (Labrador) Corporation Ltd, and Atlantic Aviation o f Canada Ltd. v. Her Majesty the Queen et al. Federal Court o f Canada, Trial Division, Nos. T- 1414-71 and T-274-72, July, 10, 1974. Under appeal. Reported in summary at p. 15,357 CCH Canadian Insurance Law Reports. On November 11, 1969 a small twin engine executive DH-125 jet crashed at Wabush, Labrador, Canada, killing the two pilots and six passengers on board. These particular actions concern the claims of the owners of the aircraft for the loss of the airplane and for indemnity with respect to the actions commenced by the passengers. The actions are taken against the Crown in right of Canada and against individual Air Traffic Controllers and ATC officers. The ill-fated triptook place in controlled airspace from Churchill Fallsto Wabush, both in Labrador, Newfoundland. ATC clearance for the trip was received from the Moncton area control centre which has responsibility respecting air traffic over the entire area. The Moncton centre has a number of air traffic controllers in individual sectors each

Journal

Air and Space Law – Kluwer Law International

Published: Feb 1, 1975

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