Claim against Transport Canada
Adam Strömbergsson-DeNora Share
A.P.Strom and Associates has issued a claim against Transport Canada on behalf of Mr. Shaun Curtis Davis, a helicopter pilot with some 9,000 hours of flying time.
Mr. Davis was accused of suffering from Alcohol Use Disorder–alcoholism–that rendered him unable to safely pilot helicopters or fixed-wing aircraft. He has been without a Canadian medical certification since 2016. Mr. Davis provided evidence sufficient to disprove the accusation that he was an alcoholic in early 2017. Transport Canada’s department of civil aviation medicine, however, ignored the evidence that Mr. Davis presented. The regulator continues to deny Mr. Davis a medical certification.
The Transportation Appeal Tribunal of Canada reviewed Mr. Davis’s case. It found that Mr. Davis had never been an alcoholic and said that
There has been an abject failure on the part of CAM and the AMRB to objectively consider the evidence and change their opinion accordingly as the facts changed.
2022 TATCE 67, para. 87.
The TATC remitted the matter to the Minister for reconsideration, as it is required to do under the Aeronautics Act.
Mr. Davis claims in negligence and misfeasance in public office for the disastrous consequences of Transport Canada’s decision on his career.
Mr. Davis further claims Charter remedies for adverse effect discrimination. He claims that Transport Canada’s policies and the implementation of those policies are discriminatory. He further claims that the TATC’s appeal and review process for medicals is flawed because it perpetuates discriminatory conduct. By forcing the TATC to remit matters to the Minister for reconsideration, applicants for medical certification are again subjected to the discriminatory processes and standards established by Transport Canada.