Athabaska Airways Ltd. v. Canada
T-3631-78
Richard J.
6/6/95
23 pp.
Plaintiff owned and operated aircraft crashing in thunderstorm killing passengers, crew on board -- Plaintiff alleging: (1) air traffic controllers knowing flight to pass through severe weather conditions; and (2) air traffic controllers breaching duties by failing to provide flight crew with information regarding conditions and by failing to provide assistance to flight crew with respect to alternative routes to avoid severe weather-Air traffic controllers owing duty of care to aircraft, aircraft owners and operators, flight crew and aircraft passengers-Plaintiff must establish, on balance of probabilities, failure to provide crew with weather information required for safe operation of craft or failure to provide adequate assistance in getting out of severe weather -- On basis of available weather information, aircraft likely to encounter severe weather in form of thunderstorm cells -- Thunderstorm cells one of causes of accident -- Evidence before air traffic controllers with respect to information regarding potentially severe weather not sufficient to render eventuality of aircraft encountering severe weather conditions and crashing reasonably foreseeable -- Upon aircraft's request for assistance, en-route controller providing pilot with heading controller believed would take aircraft out of cell -- Accident not caused by any act or omission of air traffic controllers[cad 211]Action dismissed.