Carlo Vairo, Alessandro Bozzelli, Anthony Scalia, and Shae Rothery have authored a Practice Note on “Security Interests: Aircraft” for Practical Law Canada Finance, providing guidance on creating, perfecting, and enforcing security interests in aircraft, airframes, and aircraft engines in Canada.
This Practice Note navigates the complexities arising from Canada’s dual federal and provincial legal frameworks, clarifying the distinct roles of the Canadian Civil Aircraft Register and provincial security regimes. It outlines the two-pronged perfection process in common law provinces, which requires registration under the relevant Personal Property Security Act and the International Registry established by the Cape Town Convention. This resource also addresses the evolving rules for mobile goods, the intricacies of determining a debtor’s location for filing, and the security mechanisms specific to Québec under the Civil Code of Québec, including recent amendments to the Charter of the French Language. Finally, this Practice Note examines the significant impact of the Avmax v. Air decision, which affirmed the binding effect of the Cape Town Convention and its powerful creditor remedies, such as the irrevocable de-registration and export request authorizations.
Practical Law, published by Thomson Reuters, provides the legal know-how that goes beyond primary law and traditional legal research to give lawyers a better starting point by providing standard documents, checklists, legal updates, how-to guides, and more.
The authors gratefully acknowledge the contributions of Keyvan Naissiry of Naissiry Law Inc. in Montreal in the preparation of this article.
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