Torts: JurisdictionThorne v. Hudson Estate, 2017 ONCA 208 (CanLII)
On a flight from Ontario to Delaware, a twin-engine Beech aircraft crashed in New York State. The two pilots and the passenger died in the accident. Their estates commenced actions in Ontario against the aircraft manufacturer and companies that inspected and maintained the engine. Those companies brought third party claims and cross-claims against the aircraft manufacturer alleging the improper design and manufacture of the engine and replacement parts, misleading repair instructions, and the failure to warn about certain engine failures. The aircraft manufacturer moved for summary judgment. The manufacturer asserted since the accident took place in New York State, the claims against it were barred by the U.S. federal General Aviation Revitalization Act of 1994(“GARA”), Pub.L. No. 103 298, 108 Stat. 1552 (codified at 49 U.S.C. § 40101 notes). GARA bars a civil action against an aircraft manufacturer for damages for deaths arising out of an accident involving an aircraft which is brought more than 18 years after the date of delivery of the aircraft to its first purchaser. Ontario Superior Court of Justice: motion for summary judgment to dismiss claim as statute-barred by U.S. federal legislation dismissed. C.A.: appeal dismissed. "The application for leave to appeal...is dismissed with costs."