Part 8International and domestic carriage of passengers and goods by air
International carriage by air
262Time for bringing proceedings
No action against a carrier’s servant or agent that arises out of damage to which this Part relates may be brought after more than 2 years if the servant or agent was acting within the scope of the person’s employment.
For the purposes of subsection (1), the period of 2 years is calculated from the earliest of the following dates:
- the date of arrival at the destination:
- the date the aircraft ought to have arrived:
- the date carriage stopped.
Neither Article 35 of the Montreal Convention nor Article 29 of the amended Convention applies to any proceedings for contribution between tortfeasors.
Despite subsection (3), no action may be brought by a person to obtain a contribution from a carrier—
- in respect of a tort to which either of the following applies:
- Article 35 of the Montreal Convention:
- Article 29 of the amended Convention; and
- Article 35 of the Montreal Convention:
- after the expiry of 2 years from the time when judgment is obtained against the person seeking to obtain the contribution.
Compare
- 1990 No 98 s 91I(1)–(4)


