Aviation

DLA Piper’s aviation professionals have been continually recognized as leaders in aviation law by ranking guides Chambers Canada and The Legal 500 Canada. Our distinctive offering of services encompasses regulatory and governmental matters, tort-based litigation and business counsel, including advising on financings, mergers and acquisitions and general corporate matters.

With internationally recognized Aviation Law colleagues across the DLA platform, which has offices in over 40 countries, we are uniquely positioned to assist global airline clients, delivering aviation law advice that is tailored for each market. Our aviation team represents passenger and cargo air carriers, business aviation operators, aviation and aerospace insurers and reinsurers, airline trade associations, aircraft, aviation products and component part manufacturers, repair facilities, and manufacturers and operators of unmanned air vehicles (UAVs), i.e., drones. We also serve aircraft lessors, air travel distribution companies, air/ground express delivery companies and logistics specialists. On the transactional side, we represent large corporations, banks, private equity funds, and other investors with aviation-related operations or transactions.

Aviation Industry leadership

Our members have served in an executive position in the Canadian Bar Association - Air & Space National Law Section; the American Bar Association Air and Space Law Forum and the Canadian liaison to the Air and Space Law Forum; the American Bar Association Section of International Law, International Transportation Committee; and the International Association of Women in Aviation.

One of our aviation colleagues was elected as the first-ever Canada president of the US-based Transportation Lawyers Association and she also served as the first woman president of the Canadian Transport Lawyers Association. Another aviation colleague is a Fellow of the Litigation Counsel of America.

One of our members was the sole Canadian contributor to "Getting the Deal Through - Air Transport" and the “Aviation Law Review” for a number of years and is a regular contributor to the Legal Industry Reviews – Canada on aviation matters. An aviation lawyer in our group served as the editor of Transport and Storage of Goods (Title 11) in Canadian Forms and Precedents - Commercial Transactions Volume III (LexisNexis Canada, 2005).

Regulatory and governmental

We are skilled in handling aviation regulatory and governmental compliance matters and provide optimal solutions to our clients in navigating the labyrinth of Canadian aviation laws, regulations and governmental policies.

• Advising and representing airlines, commercial operators, private operators, manufacturers and maintenance organizations on Canadian regulatory matters and dealings with Transport Canada, Canadian Transportation Agency, Canada Border Services Agency, Canada Revenue Agency and other relevant governmental departments and agencies;
• Export, import, registration and deregistration of aircraft; 
• Certification of aircraft, engines and parts and advice and assistance with respect to licensing and certification in Canada;
• Advising Canadian and foreign air carriers with respect to regulatory requirements in relation to wet leasing and dry leasing arrangements, code-sharing and block space arrangements and charter arrangements;
• Advising investors on acquisition of interests in Canadian air carriers, including with respect to foreign ownership rules affecting holdings in Canadian air carriers;
• Fractional aircraft ownership expertise;
• Airport issues and including airport infrastructure development and issues concerning gates and slots;
• Labour relations, human rights and employment law advice with particular experience in the aviation industry;
• Representation of international carriers serving on scheduled or charter bases;
• Advising air carriers in connection with air passenger rights legislation in Canada;
• Advice on bilateral air agreements and liability issues under international air law conventions and treaties; and
• Advising clients on the ownership and operation of remotely piloted aerial vehicles (drones) and compliance with Canadian regulatory framework.

Litigation

We have extensive experience advising the aviation and aerospace industry in defending diverse tort-based litigation. 

• Acting for clients on aviation insurance defence matters including defending air carriers against passenger injury and wrongful death claims and cargo / baggage loss or damage claims arising on both domestic and international flights;
• Acting on behalf of insurers, operators, pilots, flight schools, original equipment manufacturers (OEM), authorized maintenance organizations (AMO), type certificate holders, supplemental type certificate holders, manufacturers and overhaul and repair facilities;
• Litigation involving product liability claims with experience in in-flight break-ups, mid-air collisions, in-flight wing detachment, rotor blade release, gear box failures, engine failures, turbine blade delamination and creep, fuel delivery, overhaul and repair claims, product and STC design issues and various other operational, ground handling and taxiing issues;
• Pursuing subrogated and uninsured claims;
• Advising on Transportation Safety Board of Canada Investigations;
• Providing general aviation and claims-related litigation and representation on insured and non-insured claims, aviation insurance coverage issues; 
• Acting as counsel in IATA group litigation matters;
• Representing airlines in defending against consumer protection, deceptive trade and advertising claims and in civil antitrust claims, including class actions;
• Acting on litigation involving lighter than air aircraft including gliders and hot air balloons accidents;
• Acting on civil competition class actions involving national and international carriers;
• Acting for aviation and airport service providers including ground handlers, airside maintenance and security providers; and
• Acting as sole arbitrator and mediator in aviation related matters.

Financing and transactional

• Acting for clients in connection with acquisitions, sales, leases (operating and finance) and donations of aircraft and helicopters (commercial, executive and personal), commercial drones, engines, parts and components on a domestic, cross-border and international basis;
• Advising and representing clients in relation to the acquisition and sale of ownership interests and minority investments in air carriers;
• General airline commercial transactions, including marketing and commercial agreements, aircraft maintenance related agreements, code share and block space agreements and contracts for fuel supply, catering, ground handling and other day-to-day air carrier matters;
• Airline restructuring, insolvency and bankruptcy related matters, including acting for numerous aircraft lessors and financial institutions in respect of the insolvencies of certain carriers and travel agencies;
• Advising lenders, lessors and aircraft operators on aircraft financing matters and creation of security interests in airframes, aircraft engines and helicopters; 
• Acting for air carriers in a variety of contractual negotiations and disputes relating to the provision of charter services, tour operations, and ground and maintenance services; and
• Tax advice about aircraft sales, leases and financing transactions and other general matters both domestically and on an international transactional basis.