Originally Posted by skybluesea

Well, this game got played out in EU, with eventual ECJ determination that aircraft maintenance is NOT safety related, but a managerial decision (i.e. aircraft that goes mechanical can always be swapped out to avoid delay - which happened to me on domestic TP flight in July, although delay was longer than permitted and I'm still waiting for my cheque, but TP says its coming)

And consequently, AC has paid me out multiple times when they originally claimed safety as excuse for delays ex-EU...I reply referring to this ECJ decision, and AC as NOT once challenged, but instead just paid.

Whether this will apply within the new Canadian compensation framework, only time will tell...and someone must be willing to go to Federal Court, as even if AC gets ruled against by CTA, AC does have the right to have such a decision reviewed at this higher level.

And since AC and others are challenging the new rules in Federal Court, don't expect them to give up lightly here.