Introduction

• Author: John D. Holding
• Pages: 1-8

Chapter 1: Introduction

A. HISTORICAL OVERVIEW

The law of international air carriage is governed in Canada by the

Carriage by Air Act,1which implements the provisions of five inter-

national treaties. Application of the law may be affected by an

agreement between international air carriers. The following is an

overview of the historical development of the law.

1) Warsaw Convention 1929

This treaty, in force since 1933, provided a uniform legal system

governing the relatively new field of international air carriage. It

established a regime of carrier liability for passenger death and

injury, and damage to baggage and cargo, subject to monetary lim-

its. The liability limits were breakable by proof of wilful miscon-

duct. The liability itself was subject to the defence that the carrier

had taken all necessary measures to avoid the injury or damage.

1Carriage by Air Act, R.S. 1985, c. C-26, amended by R.S. 2001, c. 31,

Schedule II.

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