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but only for investors from European Union-based countries, where the rate is also 49 per cent). Canadian aviation companies must also be, and be seen to be, under the factual operational con- trol of Canadians. According to Safran, who recent- ly left FMC to join Davis LLP, those rules make it difficult, in some cases impossible, to either enter into life- saving mergers or find international financing to survive in a highly com- petitive industry that has too much capacity and is notoriously vulnerable to increases in everything from the price of oil to currency exchange. "Flag carriers are always left to flounder in the marketplace," she says. "They are literally handcuffed by the rules." Expanding into other markets is equally difficult. In Canada, for example, Transport Canada is respon- Subscribe today to Canadian Lawyer Canadian Lawyer is the ultimate source for today's legal professional. Keep up to date and informed by subscribing today for only $65 a year! Along with 11 issues packed with insights, trends and analysis, you'll also receive access to Canadian Lawyer's exclusive digital edition and digital edi- tion archives, available only to regis- tered subscribers. You'll stay up to date on breaking news between issues with Canadian Legal Newswire, our free weekly enewsletter that is edited by our legal reporting team. Paying it f orward o S t . John ' s city re v iew • Wild , wild web • Carri age ba ttles July 2009 July 2009 $7.00 $7.00 Louis Pasquin is appealing • A supreme misstep • A lot of wine-ing Canada guilty of gangsterism.angsterism. rst f g 0 Sharing knowledge is power • Mentoring Afghan lawyers • Pension plans February 2009 GANGSTA September 2009 eptember 2009 ASIA BUSINESS IN Be it the Pacific Rim, Southeast Asia, or elsewhere in the world's largest continent, Canadian law firms are taking advantage of opportunities. RIDING THE PACIFIC WAVE P.30 grinding wheels The he of justice sti bl ame fo ic No one and everyone is to blame for chaos and backlogs that the crim nmi al jjust ce s st orr chaos an are now endemic in the criminal justice system. haos a bacnd cklogs that na ustice sy Subscribe online at canadianlawyermag.com ❑ Send me 1 year of Canadian Lawyer for only $65.00 (Total with GST: $68.25) ❑ Send me 2 years of Canadian Lawyer for only $130.00 (Total with GST: $136.50) Name: _________________________________________________________________ Company: ______________________________________________________________ Address: ________________________________________________________________ City: _______________________ Prov: ______________ Postal Code: _______________ Tel: ( ) _______________________ Fax: ( ) ______________________ Email: __________________________________________________________________ ❑ Payment enclosed ❑ Charge my: ❑ Visa ❑ Mastercard ❑ American Express Card #: __________________________________ Expiry Date: ___ / ___ (mm/yy) Signature (required): ______________________________________ Date: _______________ 240 Edward St. Aurora, ON. L4G 3S9 Tel: (905) 727-0077 Fax: (905) 727-0017 Mail or fax this form to Canadian Lawyer CL_fullpageSUB.indd 1 40 • JUNE 2010 INHOUSE ng w elshe tice INDIA: A MODERN DAY SILK ROUTE P.36 hee DOING $7.00 RAP RAP GST $7.00 Subscription Special see page 48 S b Sub see pa pa Sa Save bs summer 35% i ti S i l conviction that gives him the dubious honour of being the first lawyer in ealing the the sible for the many rigorous technical rules and regulations that are required for aviation safety. But foreign access to Canadian routes, airports, and pas- sengers — and reciprocal access — is granted and regulated according to bilateral agreements that are negotiated between national governments. Once those bilateral agreements are reached, carriers that get into new foreign mar- kets naturally try to better compete with indigenous or international rivals by exercising their rights. "They may seek a code-share agreement [a part- nership with other carriers to provide service over a greater number of routes and fill in their schedules] or wish to conduct their business on a wet-lease basis [partnerships between carriers to carry passengers between overlap- ping routes to establish insured service without having to buy new aircraft]," explains Gerard Chouest. A partner at the Toronto firm of Bersenas Jacobsen Chouest Thomson Blackburn LLP and a longtime adviser and advocate for domestic and inter- national airlines, accounting firms, and insurers in regards to aviation licens- ing and regulatory affairs, Chouest says these agreements were both the impetus for the many alliances — notably SkyTeam, Oneworld, and Star Alliance — that have changed the face of the airline industry over the past decade. According to Chouest, the ultimate objective of these alliances is to achieve "full metal neutrality," an airline industry buzzword for combin- ing and sharing schedules and pricing to the point where the partners don't care who owns the planes (or metal). "Huge amounts of ingenuity and legal work have gone into making these complicated structures and all of it because of the restrictions that are imposed on this industry," he says. Despite antitrust concerns, the argu- ments put forward by alliance propon- ents — better service, lower costs, more choice, and more flights — "have won the day" in the U.S., which dominates the industry. "But the armies have not left the field," warns Chouest. "Some powerful people [such as Minnesota Congressman James Oberstar] are 1/21/10 10:01:07 AM C r e i g h t o n o n t h e b e n c h • J u r y t amp e r i n g • Pa r e n t a l a l i e n a t i on s y n d r ome August 2009 $7.00 ASSEMBLY LINE iinvolved in he complex remodelling of Canada's's aut mo ve iomotive industry. Hundreds o f lawyer th com the comp comple au om auttomottiv eds of lawyers are mple re LINE EM N