“Consumer liability waivers remove the right of nearly all Canadians to seek appropriate legal redress when they are injured or even killed while skiing, hiking, ziplining, trampolining, rock climbing and nearly every other type of recreational activity,” said John Lawford, Special Counsel to PIAC and co-author of the report. “In my over twenty years of advocacy I have never seen such an egregious and unnecessary tilting of the playing field against consumers,” he added.

PIAC’s report details how the law in all of Canada’s ‘common law’ based provinces (with the notable exception of Québec) and territories allow companies offering recreational, sporting and tourism services to completely disclaim any legal liability and possible payment of damages or other compensation to their customers, by use of a signed waiver or even a posted notice, even if the company is negligent and even if it admits its own failure to follow safe practice.

The report outlines the long and twisted history of the liability waivers in Canadian law, the banning of such waivers in many other countries, including the United Kingdom, upon which Canadian ‘common law’ and many statutes are based, and possible reforms to both the law and the regulation of the main sporting, recreational and tourism industries to ensure appropriate consumer compensation for injuries and fatalities suffered in these sectors.

A copy of the report, “Consumer Liability Waivers – An Accident Waiting to Happen?”, is available from the PIAC website. A French translation of an abridged version of the report is in preparation and will be posted as soon as it is available.

For more information, please contact:

John Lawford
Special Counsel to PIAC
Public Interest Advocacy Centre
(613) 562-4002
jlawford@piac.ca

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This is a major victory for Canadian consumers, according to the Council of Canadians with Disabilities, the National Pensioners Federation, and the Public Interest Advocacy Centre.  The coalition intervened in the case, which was brought by a group of airline associations and Canadian and international carriers against the Canadian Transportation Agency and the Attorney General of Canada.

They argued before the Supreme Court that the standardized remedies in the Air Passenger Protection Regulations do not fall within the scope of the individualized damages in the Montreal Convention. The Court instead found that the two regimes do not conflict and can coexist, playing complementary roles in protecting consumer interests.

The coalition spoke out in support of all Canadian travellers, including many travellers who are not only inconvenienced by disruptions such as delays of lost baggage but also are often harder hit due to disability, economic insecurity, or similar situations.  The Canadian regulations offer set compensation amounts which can be accessed through filing a simple claim with the airline.  This set of regulations provides standardized and timely compensation for the immediate, serious and stressful impact of flight disruptions on all consumers.

In maintaining the right of consumers to seek standardized compensation under the federal Regulation, the SCC’s ruling does not take away the ability of consumers to seek individualized remedies under the Montreal Convention, for example to cover expenses such as specialized equipment if lost or damaged. While being able to seek higher amounts to cover expenses, this type of claim is a more complex and lengthier process with evidentiary requirements.

Having both avenues of compensation accessible to Canadians is a win as passengers can be more fairly compensated for true personal loss in a flight disruption.

While this decision is good news for Canadian consumers, more work still needs to be done to improve transparency in the decision-making process at the Canada Transportation Agency, to address backlogs in accessing compensation under the Regulations, and to review the levels of compensation available to consumers.

This coalition was represented by Katrine Dilay and Chris Klassen of the Public Interest Law Centre (Legal Aid Manitoba) and Professor Marina Pavlovic.

Please see our backgrounder on the legal findings in the decision.

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Media Inquiries

John Lawford

Public Interest Advocacy Centre

613-447-8125

Trish McAuliffe

National Pensioners Federation

905-706-5806

Yvonne Peters

Council of Canadians with Disabilities

204-794-7902

The post WIN FOR INTERNATIONAL AIR TRAVELLERS – SUPREME COURT OF CANADA RULES ON COMPENSATION appeared first on Public Interest Advocacy Centre.

“I am honoured to take on this role, albeit at a very challenging time for consumers, and groups that represent their interests”, said White. “Across the board, Canadians are struggling to access and afford essential services and goods: housing and fair credit, energy, internet service, food, transportation, privacy and healthcare.”

John Lawford, after 21 years of dedicated service to PIAC, will be moving into the role of Special Counsel with PIAC as he transitions to the next stage in his career.

“It has been an honour and privilege to advance consumer rights and the public interest at PIAC. I am so pleased that Geoff will lead PIAC to important wins and many more honest fights that we will have to help Canadians in their everyday lives,” added Lawford.

“For over two decades John has been the heart and soul of PIAC and has created a legacy of important consumer protections for Canadians”, said Harry Gow, Chair of the PIAC Board of Directors. “On behalf of our Board, we express our sincerest gratitude to John, and we look forward to new directions with Geoff’s leadership.”

PIAC will honour Mr. Lawford at its Annual Dinner 2024 on November 28 at the National Arts Centre.

About Geoff White

Geoff White previously served as the Executive Director and General Counsel of the Competitive Network Operators of Canada, where he championed the interests of competitive telecom service providers. Other mandates include Director and Regulatory Counsel for the Commission for Complaints for Telecom-television Services, External Counsel to PIAC, and Counsel and Senior Regulatory Analyst at MTS Allstream.

Geoff has taught Communications Law at the University of Ottawa’s Faculty of Common Law and served as an advisor to the Broadcasting & Telecommunications Legislative Review Panel.

Geoff holds a BA from McGill University, a JD and MBA from the University of Windsor, a BCL from Oxford, and the ICD.D designation from the Institute of Corporate Directors. He is an active member of the Board of Directors for Firefighters Without Borders and has previously contributed to the Board of Directors of the CCTS. He also works as an on-call firefighter for the Municipality of Chelsea.

About PIAC

PIAC is a national not-for-profit corporation and a federally registered charity that advocates for Canadian users of essential services in industries such as telecommunications, energy, financial services, privacy and transportation.

For more information:

@CanadaPIAC

gwhite@piac.ca

jlawford@piac.ca

https://www.piac.ca

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This year, the Dinner features remarks by Jeanne Pratt, Senior Deputy Commissioner, Mergers and Monopolistic Practices Branch, Competition Bureau of Canada. Deputy Commissioner Pratt is a leading legal expert on competition law and had an active role in the Bureau’s recent major merger enforcement actions. Ms. Pratt has been with the Bureau since 2009, serving in various roles focusing on competitive markets and consumer protection. Dinner attendees will have the privilege of hearing the Deputy Commissioner’s addresses on consumer protection and competition.

Following the Deputy Commissioner’s remarks and a question or two, attendees will enjoy a delicious four-course dinner, prepared by the incomparable National Arts Centre chefs.

During the remainder of the event, there will be door prizes and musical entertainment by Canadian Folk Music Awards-nominated bilingual band Moonfruits (moonfruits.ca).

Finally, PIAC will be presenting our new annual consumer advocacy awards.

A limited number of individual tickets are still available for this collegial event which brings together key industry stakeholders and showcases some incredible speakers with important consumer perspectives concerning the world of regulated services. PIAC asks that any media identify themself and their media organization, ideally in advance.

To reserve one of the remaining individual tickets, kindly fill out the PDF form and return it to dbrady@piac.ca .

For further information, please contact PIAC at jlawford@piac.ca or call 613-562-4002 ext. 125.

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PIAC Annual Dinner, Speaker: Jeanne Pratt, Senior Deputy Commissioner, Mergers and Monopolistic Practices Branch, Competition Bureau of Canada
Friday, November 24, 2023 at 6 p.m. (eastern time)
National Arts Centre (Rossy Pavilion)

To purchase an individual ticket, please fill out the linked PDF form and return it, ideally by Monday, November 20, 2023, to Donna Brady: dbrady@piac.ca

To sponsor a corporate table, please email Donna Brady: dbrady@piac.ca for details. Our corporate sponsors and their logos will appear at this space shortly, as they join in supporting PIAC.

About the Event

The Public Interest Advocacy Centre is thrilled to announce our Annual Dinner 2023, to be held on Friday, November 24, 2023 at 6 p.m. at the National Arts Centre in the Rossy Pavilion. Registration is now open and details can be found below.

PIAC’s Annual Dinner has a longstanding tradition of being a highlight of the year for advocates, regulators, responsible corporations and students alike. We even often welcome a politician or  exceptional community leaders to discuss issues of consumer protection in Canada at an incredible venue – the Rossy Pavilion at the National Arts Centre.

The Venue – National Arts Centre, Rossy Pavilion, 1 Elgin Street, Ottawa

The National Arts Centre is located in the heart of downtown Ottawa. Our dinner will be hosted in the Rossy Pavilion which features views of Parliament and the historic War Memorial through stunning floor-to-ceiling windows, providing a beautiful backdrop for the evening’s events. In keeping with the formality of the venue, we ask that guests attire in business casual.

Our Speaker, Jeanne Pratt, Senior Deputy Commissioner, Competition Bureau of Canada

In addition to a multitude of wonderful guests and a beautiful venue, this year, we will have the pleasure of hearing an address from Jeanne Pratt, Senior Deputy Commissioner, Mergers and Monopolistic Practices Branch, Competition Bureau of Canada. Ms. Pratt is a leading legal expert on competition law and had an active role in the Bureau’s recent major merger enforcement actions. Ms. Pratt has been with the Bureau since 2009, serving in various roles focusing on competitive markets and consumer protection.

The Dinner

Following Ms. Pratt’s remarks, attendees will enjoy a four-course dinner. Dinner will be accompanied by a beverage of choice, and there will be a cash bar available throughout the evening.

There will also be opportunities to enter to win various door prizes throughout the evening. While this event is an opportunity to showcase our incredible speaker who will be providing important consumer perspectives concerning the world of regulated services, this collegial event is also a unique opportunity to bring together industry stakeholders who may also be opponents from time to time in matters of regulatory or industry policy.

The Music – Moonfruits

Both during cocktail hour and during dessert, we will be enjoying live music provided by the exciting Canadian bilingual folk band Moonfruits – who will be playing songs from their large repertoire of original songs. PIAC is pleased to support Canadian artists and content! More on the band, soon.

Consumer Advocacy Awards

During the event, PIAC will also be announcing recipients of its two new annual consumer advocacy awards: the Harry Gow Award for outstanding advocacy in transportation, competition and essential services; and the Ken Rubin Award for outstanding advocacy in privacy, access to information and civic participation.

Come Celebrate PIAC – We Need You!

PIAC has been active in the area of consumer advocacy for over 40 years. Our small team represents consumer interests in the provision of important regulated services on behalf of consumers, and in particular vulnerable consumers. Our staff will be participating and will bring attendees up to date on PIAC’s extensive consumer protection work. The Annual Dinner provides some modest fundraising to support the important work that we do. We very much appreciate your support of our mission to protect consumers and in particular, vulnerable consumers.

We sincerely hope that you will join us for this evening of great conversations, great speakers and great prizes in the beautiful Rossy Pavilion in downtown Ottawa. Registration is now open for individual tickets and corporate sponsored tables.

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“We applaud Minister Champagne’s action to fund hardworking consumer advocates who for too long have struggled with their own budgetary constraints in trying to help Canadian consumers with their own challenges,” said John Lawford, Executive Director and General Counsel of PIAC.  “The Minister heard the voice of consumers facing higher food prices and is showing consumer groups that the government trusts us and the Office of Consumer Affairs to make a real difference for Canadians,” he added, after an hour long meeting with Minister Champagne and other consumer groups, including Consumers’ Council of Canada, Option consommateurs and Union des consommateurs.

PIAC’s recent submission to the Competition Bureau of Canada’s Retail Grocery Market Study highlighted “shrinkflation” and “shelflation” and other dubious tactics of grocery retailers to confuse customers looking to shop smart and save money. PIAC was pleased to see the Competition Bureau’s Retail Grocery Market Study Report’s conclusion that “Canada Needs More Grocery Competition”.

PIAC was then thrilled to see the Government of Canada’s reaction to these competition concerns in the grocery sector and across essential goods and services in the introduction of Bill C-56, An Act to amend the Excise Tax Act and the Competition Act, which would enact the Affordable Housing and Groceries Act. Bill C-56 seeks to remove the hated “efficiencies defence” (which PIAC has opposed since its creation) that harms consumers from merging companies’ tactics and restricts unfair use of schemes such as restrictive covenants, that limit where competing grocery stores can open. PIAC calls upon all parties and members of the House of Commons and the Senate of Canada to swiftly pass this essential competition law reform.

For more information, please contact:

John Lawford
Executive Director and General Counsel
Public Interest Advocacy Centre (PIAC)
tel: 1-613-562-4002 ext. 125

cell: 1-613-447-8125

@CanadaPIAC

jlawford@piac.ca

https://www.piac.ca

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“Canadian consumers deserve a basic TV package at an affordable rate if they want or need one, as they need access essential news and information about their society,” said John Lawford, Executive Director and General Counsel of PIAC.  “The CRTC heard the voice of consumers facing higher prices everywhere post-pandemic and rejected this application as unnecessary,” he added.

PIAC and NPF argued the proposed price increase, initially requested by Bell Canada, Cogeco Communications Inc., Bragg Communications Incorporated, carrying on business as Eastlink, and Saskatchewan Telecommunications, would affect over 1.5 million Canadians, was unnecessary for the TV service providers given their other earnings on paid television subscriptions for higher bundles and that the basic TV service was intended as a social measure to ensure consumer access when over-the-air TV was left unsupported by the regulator and government post-digital transition.

Trish McAuliffe, President, NPF lauded the CRTC decision: “Seniors rely on the basic TV service to ensure connection with their community, for local news and information about politics and democracy and for entertainment when many are on fixed incomes facing other price increases. We were gratified that the CRTC both rejected the proposed 12% increase in the Basic TV price and the companies’ request to index that increase – which would have further eroded seniors’ access to broadcasting.”

The CRTC’s decision can be found here. PIAC-NPF’s submissions can be found here. PIAC and NPF also thank all Canadian consumers and seniors who took the time to comment to the CRTC.

For more information, please contact:

John Lawford
Executive Director and General Counsel
Public Interest Advocacy Centre (PIAC)
tel: 1-613-562-4002 ext. 125

cell: 1-613-447-8125

jlawford@piac.ca

https://www.piac.ca

Trish McAuliffe

President

National Pensioners Federation

1-905-706-5806

Trish.mcauliffe@npfmail.ca

https://nationalpensionersfederation.ca

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The post CRTC Keeps Basic TV Service Affordable for Seniors and Consumers appeared first on Public Interest Advocacy Centre.

Consumer protection in air travel has faced serious regulatory, industry, and political headwinds in the pandemic era and the Canadian Transportation Agency (CTA), which is charged with regulating passenger air travel, has proposed additional changes to the APPR. Our joint submissions to the CTA seek to bring Canada’s air passenger protection rules up to international standards, so that passengers are issued compensation for cancellations and excessive delays, provided support in airports during delays, and given full rights when denied boarding.

The CTA consultation proposed half-measures to improve Canada’s air passenger protections such as proposing to emulate the European Union’s rules that require passenger compensation for delays and cancellations in all but “exceptional circumstances”. It also claims they will remove the much hated “for safety reasons” category of incidents where airlines can deny compensation. However, the CTA paper also lists for consideration numerous potential “exceptional circumstances” that appear to mirror the present “for safety reasons” loophole. The CTA paper also claims the burden of proof for denying passenger compensation will be on the airline, but the potential for excessive exceptions may undo this reversal.

“We have provided the CTA with a consumer-first roadmap to the best practices worldwide,” said Dr. Gábor Lukács, President of APR. “The CTA can choose to materially improve air travel for Canadians prior to the next holiday season by ensuring compensation, passenger care and respect for travellers are of paramount importance in the system.”

John Lawford, Executive Director of PIAC added: “No consumer will argue against an airline claiming safety is a first priority, but the real issue is why consumers should be the insurers of airline profitability for crew shortages, equipment failure or scheduling changes that strand passengers, often without compensation, away from home, when they have paid for air travel.”

Professor Pavlović’s work focuses on the rules for consumer redress. She noted that: “Our concerns with the proposed changes is that if they are not properly designed, consumers may face a difficult to navigate complaint system and the backlog of complaints may grow. This is avoidable by prioritizing transparency, fairness and predictability – largely by simplifying the categories that can lead to a dispute.”

About PIAC

The Public Interest Advocacy Centre is a national not-for-profit corporation and a federally registered charity that protects consumer interest in regulated industries such as telecommunications, energy, financial services, privacy and transportation.

For further information, please contact:

John Lawford

Executive Director and General Counsel, PIAC

Tel: 613-562-4002 x 125

Email: jlawford@piac.ca
Twitter: @CanadaPIAC
Facebook: http://facebook.com/CanadaPIAC

About Air Passenger Rights

Air Passenger Rights is Canada’s independent, nonprofit organization of volunteers working to make the travelling public aware of its rights and capable of enforcing them. The organization’s mission is to turn helpless passengers into empowered travelers through education, advocacy, investigation, and litigation.

For further information, please contact:
Dr. Gábor Lukács
Email: lukacs@AirPassengerRights.ca
Twitter: @AirPassRightsCA
Facebook: http://facebook.com/AirPassengerRights

About Professor Pavlović

Marina Pavlović is an Associate Professor at the Faculty of Law, Common Law Section at the University of Ottawa and is a member of its Centre for Law, Technology and Society.

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OTTAWA, April 24, 2023 – The Public Interest Advocacy Centre (PIAC) reacted negatively to the announcement made today by the Minister of Transportation, Omar Alghabra, of proposed changes to the Air Passenger Protection Regulations (APPRs), saying the proposals weaken passengers’ rights by making their claims secret, blocking their access to full justice, and failing to remove airlines’ ability to claim routine safety exceptions to payment of claims, among other shortcomings.

“The Minister did not consult with Canadian consumers or air passenger protection advocates before proposing these ill-advised changes – so we won’t clear them for takeoff,” said John Lawford, Executive Director and General Counsel at PIAC. “Consumers shouldn’t support them either, because they will also give the Canadian Transportation Agency (CTA) too much discretion to determine new exceptions to passengers’ compensation claims and to change the claims process with administrative ‘guidelines’, and also the CTA may now allow air carriers caught breaking the rules to avoid fines by entering into compliance agreements,” he added.

The changes to the APPRs are found in the Government’s omnibus Budget Implementation Act bill, in Division 23. Such changes are often given little scrutiny in Parliamentary Committees due to the urgency of Budget implementation and the large size of Budget bills.  Therefore PIAC called upon the Standing Committee on Transport, Infrastructure and Communities (TRAN) to study the Budget Implementation Act Bill and to recommend major amendments, or, simply the remove the Minister’s proposed APPR changes from the Bill.

“We are disappointed the Government did not see fit to simply pass Bill C-327, ‘An Act to amend the Canada Transportation Act (air passenger protection)’, introduced by MP Taylor Bachrach,” added Lawford. “That Bill would change Canada’s air passenger protection law to mirror that in Europe, which is the gold standard.”

For more information please contact:

John Lawford
Executive Director & General Counsel
Public Interest Advocacy Centre (PIAC)
(613) 562-4002 ×125
jlawford@piac.ca
https://www.piac.ca/

social: @CanadaPIAC

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