Timothy B. Trembley

A twin-engine aircraft lost power in its left engine during a flight from Ontario to Delaware and crashed in New York State, killing the two pilots and one passenger.

The pilots' estates sued the companies that inspected and maintained the engine and the engine manufacturer.

The manufacturer moved for summary judgment arguing that the United States General Aviation Revitalization Act of 1994 barred the claims because the aircraft was delivered more than 18 years prior to the accident.

The motion judge found that Ontario law applied because the crux of the claims involved negligent misrepresentation in repair instructions received and relied upon in Ontario.

The manufacturer appealed.

The defendants Teledyne Continental Motors Inc. and Teledyne Technologies Incorporated (CMI) moved for summary judgment to dismiss claims and cross-claims against them, arguing that a U.S. federal statute, the General Aviation Revitalization Act (GARA), imposed an 18-year limitation period that had expired.

The motion was opposed by other defendants, Aviation Technical Consultants (ATC) and Corporate Aircraft Restorations Inc. (CAR), who had cross-claimed against CMI for negligent misrepresentation.

The court, applying Ontario's choice of law rules, determined that the tort of negligent misrepresentation occurred in Ontario where CMI's allegedly faulty instructions were received and relied upon.

Consequently, U.S. law, including GARA, did not apply to bar the claims, and CMI's motion for summary judgment was dismissed.