Transportation

We guide transportation clients through complex regulation and cross-border challenges to protect operations and drive growth.
Key Contact
Foxcroft Simon
Subway tunnel

Overview

Free trade, open sky arrangements, the reorganization of Canada's transportation networks and growing carrier liability issues have altered the face of the country's transportation industry. Transportation-related work is highly regulated, extremely competitive and extensively insured. Combining our knowledge of transportation law with our experience in competition policy, labour relations, environmental regulation and insurance law, we offer an integrated set of legal services to transportation regulators and industry participants.

We have advised on issues ranging from consolidation of air carriers to busing school children and transporting hazardous materials on railcars for a cross-section of transport manufacturers and service providers: public, private and charter airlines, aircraft and helicopter manufacturers, aerospace companies, trucking companies, railways, financial institutions underwriting transportation operations and industry regulators such as the Canadian Transportation Agency and the Transportation Safety Board. Among the full range of our services, our work regularly includes advising on:

  • Transportation safety and environmental disputes such as derailments, hazardous materials leaks and spills
  • Development, construction and financing of and ongoing operations and maintenance for transportation services and public transportation authorities and public-private partnerships for airports and airport authorities, shipping terminals, ports and railway hubs
  • Compliance with industry-specific regulation including air and rail transportation regulation
  • Employment services for both federally and provincially-regulated providers
  • Litigation related to personal injury and cargo damage
  • Protection and exploitation of proprietary intellectual property and technology
  • Aviation and equipment finance and asset-based lending
  • Customs and trade issues
  • Insolvency and restructuring matters in regulated industries

Client Work

Flair Airlines

in connection with the change of aircraft owners and the negotiations of lease novation & amendment agreements

Flair Airlines

in the establishment of an aircraft engine lease facility with FTAI Aviation LLC

Flair Airlines

in the seizure of four of its aircraft in March 2023, and the $50-million lawsuit launched by Flair against Airborne Capital

Flair Airlines

in its leasing of new Boeing 737 Max 8 aircraft and in the expansion of its fleet

Flair Airlines

on a broad range of regulatory matters, including Canadian ownership requirements, tariff requirements, Transport Canada policies and consumer protection issues

Chorus Aviation

in connection with its aircraft-backed loan facility that we previously helped structure with the Bank of Nova Scotia

Vancouver Airport Fuel Facilities

in the development of a new aviation fuel delivery system to support Vancouver International Airport in BC

Canadian Pacific Railway

in its public offering via prospectus supplement of an aggregate of $2.2-billion principal amount of notes

Canadian Pacific Railway

in its public offering via prospectus supplement of an aggregate of US$6.7-billion principal amount of notes

Canadian Pacific Railway

in its public offering of $300-million aggregate principal amount of 3.05% notes due 2050

Canadian Pacific Railway

in its public offering of US$500-million aggregate principal amount of 2.050% notes due 2030

Canadian Pacific Railway

in connection with its proposed US$28 billion merger with Norfolk Southern

Mitsubishi

in its acquisition of Bombardier's Canadair Regional Jet series aircraft program for approximately US$550 million

Government of Bermuda

in connection with the redevelopment and 30 year operation of Bermuda's L.F. Wade International Airport

Wheels Group

in connection with its corporate reorganization and subsequent acquisition by Radiant Logistics

NCSG Crane & Heavy Haul Services

in connection with the sale of a majority stake in NCSG to an investor syndicate led by TriWest Capital Partners

RTL-Westcan

in connection with the sale of its operating business to Kenan Advantage Group and its industrial properties to Edgefront Realty

RTL-Westcan

in connection with a Canada-led offering of CDN$130 million of senior secured second lien guaranteed notes and concurrent acquisition of substantially all of the assets of ECL Transportation

Scotia Capital and RBC Dominion Securities

in connection with the issuance of preferred shares by Pembina Pipeline for gross proceeds of $250,000,000

Parkland Income Fund

in connection with its $9.1 million acquisition of the business of Wiebe Transport

Air Canada

in connection with the Eximbank guaranteed financing of four Bing 777-300ER Aircraft and three Bing 777-200LR Aircraft

Air Canada

in the acquisition and financing of 18 EMB 190 aircraft

Air Canada

in respect of lease financing with Bombardier Capital of 15 CRJ 200 aircraft

Air Canada

in connection with lease financing with Bombardier Capital of 15 CRJ 705 aircraft

Air Canada

in connection with the leases for 6 Dash 8-100 aircraft to Freedom Airlines

Air Canada

in connection with the acquisition and financing of 15 EMB 175 aircraft with PK Air Finance

Access Pipeline

in connection with a $400 million joint venture between MEG Energy Corporation and Devon ARL Canada

Laidlaw

in connection with its $5 billion total debt in its restructuring pursuant to Chapter 11 of the US Bankruptcy Code and the Companies' Creditors Arrangement Act

Mackenzie Valley Aboriginal Pipeline Group

in connection with the negotiation and structuring of commercial agreements including ownership agreements among various aboriginal groups

Recognitions

Chambers Canada

Transportation: Aviation

The Legal 500: Canada

Ranked, Tier 1, Transport: Aviation
Ranked, Infrastructure and Projects

ReNew Canada: 2024 Top 100 Infrastructure Projects Report

Ranked Silver with involvement in 10 of the top 100 projects

Simon Foxcroft

Partner  •   Co-Head of Corporate Department

At the centre of market-shaping deals and high-stakes disputes, Bennett Jones delivers clarity, strategy and results. Our cross-border teams turn complexity into progress, always focused on what drives your success.

The Bennett Jones Story

At Bennett Jones, legal solutions are our starting point. What drives us forward is knowing our clients inside and out—their ambitions, obstacles and success metrics.

For more than a century, we have shaped outcomes that matter in business, in law and in the broader Canadian landscape. And our commitment extends beyond legal matters: we invest deeply in the communities in which we live and work.