Air Canada v. Canada ( Minister of Transport )
T-2434-91
Gibson J.
12/4/99
26 pp.
Claim based on alleged negligence of Transport Canada's firefighters in extinguishing fire in and around engine No. 2 on flight 034 following arrival at scene on night of July 8, 1989-Defendant responsible for providing firefighting services at Lester B. Pearson International Airport-At early stage, raw fuel burning on tarmac, extinguished by application of dry chemical extinguishant by station attendant aided by station supervisor-Raw fuel being emitted from tailpipe onto tarmac, igniting up to and including time when firefighter McWatters on site-When latter arrived, raw fuel on tarmac as well as residue of dry chemical extinguishant-Contrary to captain's instructions, firefighter extinguished fire in engine, rendering it unserviceable-Flight cancelled-Engine removed, serviced-Crown liability vicarious, not direct under Crown Liability and Proceedings Act, s. 3-Plaintiff must show Crown servant, acting within scope of employment, breached duty owed to plaintiff-Must also establish breach caused plaintiff injury of sort that would attract personal liability against private person-Pearson International Airport firefighters taking part in fighting fire Crown servants, acting within scope of employment-Defendant Crown, as represented by Transport Canada, through actions of firefighters, owed Air Canada private law duty of care-Lester B. Pearson International Airport Fire Service providing persons on board flight 034, Air Canada with best performance capable of, given resources available to it on night in question-Alternative extinguishant, Halon, not resource available to firefighters on site at incident-McWatters, first firefighter to arrive on scene, to assess situation made no error of judgment in assessing situation as one posing risk to persons, property that required urgent action-No breach of duty owed by Transport Canada to Air Canada, notwithstanding damage caused to Air Canada-Action dismissed-Crown Liability and Proceedings Act, R.S.C., 1985, c. C-50, s. 3.