AC624 Crash Halifax Airport
Carroll-Byrne et al v. Air Canada, NAV Canada et al
Nova Scotia Supreme Court File: Hfx No. 438657
On July 4, 2019, the Honourable Justice Duncan of the Supreme Court of Nova Scotia heard a motion to determine a limited, contested issue in this case. The Defendant Airbus SAS brought a motion for an Order to require the Canadian Transportation Accident Investigation and Safety Board (TSB) to produce the audio data and any transcripts from the on-board Cockpit Voice Recorder (CVR) that was onboard Air Canada flight 624. The Plaintiffs and some other Defendant parties (HIAA and NAV Canada) joined with Airbus in seeking production of the CVR. There were also intervening parties – the Air Canada Pilots Association and the TSB – who argued that the court should not order production of the CVR.
The CVR is a flight recorder used to record the audio environment in the flight deck of an aircraft for the purpose of investigation of accidents and incidents. Typically, the CVR is not disclosable, unless a Court orders that it be disclosed in the interests of justice.
Following the hearing on July 4, 2019, the Judge provided an oral decision on September 4, 2019, with written reasons to follow, which were released November 20, 2019.
In sum, the Judge concluded that, under the circumstances of this case, the public interest in the administration of justice outweighs the importance of protecting the CVR. He determined that the contents of the CVR are relevant and reliable, and that this litigation is important and substantial both in personal, and in monetary, terms.
A copy of the written reasons are posted HERE.
A Notice of Action and Statement of Claim were filed on April 28, 2015.
An Amended Notice of Action and Amended Statement of Claim were filed on August 31, 2016.
The case was certified as a class proceeding on December 14, 2016.
The deadline for members of the class to opt-out of the action was March 24, 2017.
The claim is being actively case managed with the Supreme Court of Nova Scotia.
We anticipate trial dates will be scheduled shortly.
In the early morning hours of March 29, 2015, Air Canada Flight 624 crashed on its landing approach at the Halifax Stanfield International Airport. The weather conditions at the time were poor and the Airbus A320, which was enroute from Toronto, carried 133 passengers and five crew members.
All passengers and crew aboard flight AC624 were able to escape the aircraft. Injuries as a result of the crash included broken bones, scrapes, scratches and many neck and back problems that remain ongoing. A large number of passengers on flight AC624 also suffered severe psychological trauma as a result of the crash. The class action will seek to obtain appropriate compensation for the harm caused to the passengers.
The class action will also serve to investigate and get to the bottom of what transpired during the flight, the delays encountered due to the weather, the approach and landing, the response by authorities to the crash as well as the decisions made which resulted in the crash of AC624.
Wagners Law Firm based in Halifax, Nova Scotia and Camp Fiorante Matthews Mogerman with offices in Vancouver, British Columbia, jointly commenced a proposed class action against numerous defendants, including Air Canada, NAV Canada, Transport Canada, the Halifax International Airport Authority and Airbus, the manufacturer of the aircraft.
The action was filed on April 28, 2015 in the Nova Scotia Supreme Court in Halifax. Both firms represent numerous passengers who were onboard the Air Canada flight when it impacted the ground well short of the runway. Both Wagners and CFM Lawyers are involved in numerous class actions. CFM Lawyers are the pre-eminent law firm in Canada representing passengers of aircraft that have encountered trouble. They have been involved in many aviation class actions.
Update – December 22, 2016
Wagners and Camp Fiorante Matthews Mogerman have commenced the process of notifying all passengers who were on board Air Canada Flight 624 on March 29, 2015 when it crashed at the Halifax Stanfield International Airport that the proposed class action filed by our firms has been certified against all five defendants.
The Notice of Certification is being sent directly to passengers by mail and/or email, or in the case where some passengers have retained other counsel, to their independent lawyer. The Notice will serve to inform the passengers of their rights concerning the certified class action.
In addition to the Certification Notice, an explanation of the opt-out process as well as an opt-out form have been sent to the passengers The opt-out form is only to be completed by those passengers who DO NOT wish to remain within the class action. This form must be received by
Wagners no later than March 24, 2017.
We ask that all passengers review the Notice of Certification to learn of your rights. A copy of the Notice, as well as the opt-out form are accessible under the Court Documents tab.
On January 16, 2017, all parties will be returning to the Court to appear before the Honourable Justice Boudreau for a case management conference to address scheduling of the steps leading to the trial.
Update – December 14, 2016
On December 12 and 13, 2016, the Honourable Justice Denise Boudreau heard the Plaintiffs’ motion to certify the lawsuit concerning the crash of Air Canada flight 624 as a class action.
Justice Boudreau provided her oral decision, with written reasons to follow, to all counsel on December 14, 2016. We are pleased to report that the motion to certify was successful against all defendants.
A copy of the Certification Order may be found under the Court Documents tab.
Update – April 1, 2016
On March 31, 2016, Wagners Law Firm and CFM Lawyers filed a Notice of Motion and 6 Affidavits in support of a motion to certify the class action lawsuit regarding the crash of Air Canada Flight 624 at the Robert L. Stanfield International Airport.
The filing comes two days after the one year anniversary of the crash, which happened during landing on March 29, 2015. The proposed class action was filed on April 28, 2015 against Air Canada, the Halifax International Airport Authority, Airbus S.A.S, Nav Canada, and The Attorney General of Canada.
The documents filed yesterday with the Supreme Court of Nova Scotia are the initial round of evidence to be produced in the efforts to certify the lawsuit. The motion will be heard before the Honourable Justice Denise Boudreau on December 12, 13, 14 & 15, 2016.
Copies of the Notice of Motion, the expert affidavit and two paralegal affidavits are available for viewing under the Court Documents tab.
Update – March 22, 2016
We are in the process of finalizing the documentation concerning the Plaintiffs’ Motion for Certification which is scheduled to be heard on December 12 – 16 2016. The motion materials are due to be filed on or before March 31, 2016, pursuant to the direction of the Honourable Justice Denise Boudreau.
Copies of the relevant documents will be posted under the Court Documents tab shortly after filing with the Nova Scotia Supreme Court. The December 2016 motion is for an Order certifying the lawsuit as a class proceeding. The proposed class action has been filed on behalf of passengers who were on board Air Canada Flight 624 which crashed at the Robert L. Stanfield Airport on March 29, 2015.
Update – January 29, 2016
The initial case management conference was held before the Honourable Justice Denise Boudreau on January 28, 2016. Counsel for all parties appeared before Her Ladyship.
Justice Boudreau set down the following schedule in relation to the Plaintiffs’ Motion for Certification which will be heard on December 12, 13, 14 & 15, 2016. The following schedule deals with the particulars and filing dates leading up to the December 2016 motion:
- March 31, 2016 – Plaintiffs’ Certification Record
- May 13, 2016 – Defendants’ Certification Records
- August 31, 2016 – Completion of Cross-Exams
- September 30, 2016 – Plaintiffs’ Certification Brief
- October 28, 2016 – Defendants’ Response Briefs
- November 10, 2016 – Plaintiffs’ Reply Brief
- December 12-16, 2016 – Certification Motion (Dec 16 is overflow day, if necessary)
We will continue to update the Air Canada 624 webpages with news updates and court documents as this matter progresses.
Update – December 10, 2015
We have received confirmation from the Supreme Court of Nova Scotia that the initial Case Management Conference will proceed before the Honourable Justice
Denise Boudreau on January 28, 2016.
Update – September 22, 2015
The Nova Scotia Supreme Court has now assigned a judge to case manage the proposed class action filed on behalf of passengers of Air Canada Flight 624.
The Honourable Justice Denise Boudreau will now oversee the court procedures. A case management conference before Her Ladyship will be scheduled shortly.
Recently, Wagners filed an application in Federal Court challenging the Transport & Safety Board’s decision to prevent the class members from having a photographer take photographs of the plane prior to the disassembly and move of the aircraft from its current location.
Update – June 22, 2015
Our Statement of Claim has now been served on all corporate Defendants named in the proposed class action. Counsel have been assigned on behalf of those Defendants.
We sent correspondence to the Supreme Court of Nova Scotia requesting that a Judge be appointed to case manage this proceeding.
Once the Court has assigned a Judge to the file, a conference with all parties will be scheduled.
Update – May 25, 2015
Wagners and Camp Fiorante Matthews Mogerman wishes to thank the passengers, friends and family who attended the information session on May 20, 2015. Both firms were pleased by the number of people present for the session. We also appreciated the many questions and the ensuing dialogue.
Update – May 17, 2015
Wagners and Camp Fiorante Matthews Mogerman will hold an information session for all passengers on the evening of Wednesday, May 20, 2015.
The session will be held at the Quality Inn at 980 Parkland Drive in Halifax. The proceedings will commence at 7:00 p.m.
For further details, please view the announcement here.
Update – April 28, 2015
Wagners and Camp Fiorante Matthews Mogerman filed a proposed class proceeding on April 28, 2015 with the Supreme Court of Nova Scotia concerning the crash of Air Canada Flight 624. The action names seven Defendants who are alleged to have failed the passengers of Flight AC624 when it crashed as it attempted to land at Halifax Stanfield International Airport in poor weather conditions during the early morning hours of Sunday, March 29, 2015.
A court filed copy of the Statement of Claim may be viewed under the Court Documents tab.
The following documents concerning the class action which Wagners has filed as a result of the crash of Air Canada Flight 624 at the Halifax Stanfield International Airport are available for viewing in PDF format:
- December 23, 2019 – Certificate of Readiness
- December 20, 2019 – Application for Leave to Appeal and Notice of Appeal
- November 19, 2019 – Decision re: Cockpit Voice Recorder
- December 22, 2016 – Opt-Out Form (WORD)
- December 22, 2016 – Opt-Out Form (PDF)
- December 22, 2016 – Notice of Certification
- December 14, 2016 – Order re: Certification
- August 31, 2016 – Amended Notice of Action & Statement of Claim
- April 28, 2015 – Notice of Action & Statement of Claim
Wagners represents numerous claimants who were passengers on Air Canada Flight 624 which departed from Toronto enroute to Halifax on March 28 & 29, 2015. The plane crashed shortly after midnight on March 29th.
If you, or a member of your family, were a passenger on the ill-fated flight of AC624, and have suffered physical and/or psychological injuries as a result of the crash, you are eligible to be included as a Class Member in our proposed class action lawsuit.
To sign up and determine if you qualify, please fill out this registration form: