Court of Appeal for Ontario

McDonald v. Korean Air

Date: 2003-02-18

(01-B30373)

Counsel: John R. McCarthy, for the plaintiff/appellant.

Endorsement

[1] By the Court: We agree with Hermiston, J., that these pleadings disclose no reasonable cause of action, given the language of Art. 17 of the Warsaw Convention and the leading jurisprudence decided under 17 such as Air France v. Saks (1985), 105 S. Ct. 1338, Chaudhari v. British Airways plc. The Times (May 7, 1997), Transcript No. 590, Rynne v. Lauda-Air and Re The Deep Vein Thrombosis and Air Travel Litigation Group. Costs, if demanded, to be assessed, on a partial indemnity basis.

Appeal dismissed.