Will Owners of Autonomous Ships be Liable for Autonomous Mistakes?

CMA CGM Libra hard aground off Xiamen, 2011. Her passage plan was found defective, rendering the shipowner liable to an unseaworthiness claim (Onecall)

PUBLISHED MAY 19, 2023 8:03 AM BY THE MARITIME EXECUTIVE

 

According to experienced admiralty judge and arbitrator Sir Nigel Teare, the advent of autonomous navigation may create difficulties for courts in determining who is liable in the event of a casualty. If the second mate makes a mistake on the passage plan before leaving the dock, the shipowner can be liable for an unseaworthiness claim in the event of a casualty. If the software operating the ship makes the same mistake on the passage plan, the answer may be less clear, he warned - especially after a recent Supreme Court decision. 

The case dates back to 2011, long before self-driving merchant ships were under serious consideration. That May, the CMA CGM Libra went out of the fairway at the port of Xiamen and ran aground, requiring a costly salvage operation. General average was declared but some cargo interests refused to pay, arguing that a deficient passage plan had rendered the ship unseaworthy. The admiralty court, appeals court and Supreme Court all agreed with the cargo interests, confirming that a deficient passage plan can be grounds for an unseaworthiness claim. 

But for an autonomous ship, the passage plan may be controlled automatically by AI, raising thorny questions about whether the owner could foresee and be held accountable for errors in the software's decisionmaking. 

In this case, the shipowner might have a valid argument that the defect occured when the ship was not under the owner's control. Rather, the shipowner could argue, the AI system made a mistake in navigating the vessel - and under admiralty law, "negligent navigation" by the crew does not justify an unseaworthiness claim against the owner. On an autonomous ship, he proposed, the AI digital "navigator" might be the legal equivalent of the watch officer. 

“Where the master on board or operator ashore acts negligently when commanding the vessel that would amount to negligent navigation. But what if the error is committed by a computer?" said Sir Nigel, speaking at an annual gathering of the Association of Average Adjusters in London. "If the error is the result of an error by the artificial intelligence of the computer, then that might well be regarded as negligent navigation by the computer just as if it had been an error by the officer of the watch."

Admiralty cases like these may turn on the testimony of software engineers, who will be called upon to determine whether the owner should reasonably have been able to determine that the software was defective in advance, or whether the software simply made one bad decision in the moment while navigating. 

"The focus will be on the question whether the owner, once he was in possession of the software, should have appreciated, by careful and skilled monitoring of the software, that it was not in a fit condition for its purpose. If his monitoring were negligent then there will have been a failure to exercise due diligence. I suspect that it will be difficult to establish negligence of this nature," Sir Nigel concluded. 

 

Maersk Sued for Wrongful Termination Related to Midshipman-X Case

Former chief engineer aboard the Alliance Fairfax alleges Maersk wrongful terminated him to end investigations into the Midshipman-X case (US Navy file photo)

PUBLISHED MAY 18, 2023 5:41 PM BY THE MARITIME EXECUTIVE

 

Maersk Line and the Marine Engineers’ Beneficial Association have until the end of the month to respond to a lawsuit filed in U.S. District Court in New York stemming from the infamous “Midshipman X” case involving an alleged sexual assault on a U.S. Merchant Marine Academy midshipman while serving sea duty on a Maersk Line operated ship. The former chief engineer of the vessel is suing for at least $300,000 in damages alleging he was wrongfully terminated by Maersk with his union failing in its duty to pursue the engineer’s grievance complaint.

In the suit, Chief Engineer Filomeno Gaylan says he has been a member of the union since 1996 and working for Maersk Line since 2007. He was promoted to the rank of Chief Engineer in 2010 and since 2015 was serving as the permanent chief engineer of the Alliance Fairfax, the Ro-Ro vessel on which the midshipman was sailing in the summer and fall of 2019.

In 2011, the female cadet engineer, who later identified herself as Hope Hicks, published an anonymous account of her experiences aboard the vessel alleging that she was sexually assaulted by the first engineer aboard the ship. Her account shook up the USMMA, prompting a suspension of the Sea Year program while Maersk launched a broad investigation. It also launched a wider discussion of the work environment and harassment seafarers experience. The shipping line later settled out-of-court lawsuits brought by Hicks and another midshipman who said she was harassed during her time aboard the same vessel.

Maersk suspended Gaylan in 2021 shortly after the allegations were published online by Midshipman X. He was interviewed by Maersk and U.S. Coast Guard investigators who were looking into the allegations. He also provided testimony in the pre-trial actions for the lawsuit against Maersk brought by Hicks.

In the suit, the former chief engineer alleges that his wrongful termination was in fact a “pre-text firing” by Maersk in an attempt to avoid a governmental investigation into the shipping line’s sexual harassment policies and lack of enforcement. The suit contends that Maersk was seeking to avoid a fine from the U.S. Coast Guard similar to the $10,000 paid in 2020 related to similar incidents on the Maersk Idaho.

Maersk in response to The Maritime Executive acknowledges that Chief Engineer Filomeno Gaylan was the senior engineer aboard the Alliance Fairfax highlighting that he was the direct supervisor of the First Assistant Engineer. Maersk notes that Hope Hicks (Midshipman-X) in her lawsuit said she was afraid to report her assault to Gaylan because the top four officers were “like best friends.”

“Despite Maersk Line, Limited’s strict policy of no alcohol onboard, Gaylan was present in the First Assistant Engineer’s stateroom when alcohol was being consumed by all the vessel’s licensed engineers, along with both U.S. Merchant Marine Academy cadets, which is a violation of company policy,” Maersk said in its response. “Gaylan was terminated from Maersk Line, Limited for this incident. Both for the use of alcohol onboard - a clear violation of Maersk Line, Limited policy - as well as failure to stop alcohol abuse by others in his presence and under his supervision, as well as failure to report the alcohol use to Maersk Line, Limited.”

Gaylan recounts hearing loud voices and smelling cigar smoke on the night of the alleged rape and says he went to the first engineer’s office where he found the first and second engineer talking “trading sea stories.” He contends the cadet and third engineer entered the office bringing what appeared to be bottles of alcohol, but that he did not see anyone drinking, or anyone intoxicated. Further, he contends he was not drinking alcohol at the time because of medication he was taking. Because of the noise and inappropriate actions he witnessed, Gaylan says he ordered the gathering to end and everyone to go to their cabins. Gaylan says he was not aware of anything further until Hick went public almost two years later with her allegations.

Maersk after suspending Gaylan and investigating notified him in a letter dated February 7, 2022, that he was terminated for cause for having violated the company’s alcohol policy. In the letter, they write, “Your violation of the alcohol policy could have materially contributed to having the vessel rendered unseaworthy.” Gaylan was also made ineligible for any future employment with Maersk as a result of the termination for cause.

The suit alleges that Maersk failed to provide a specific justifiable basis for terminating him for cause. Gaylan under the union’s contract filed a grievance complaint in June 2022 which he alleges MEBA has failed in its obligation to pursue and which Maersk has declined to participate in. Further, he alleges “bad faith (mis)representations” by Maersk alleging the shipping company or its representatives had said it would consider the grievance.

Gaylan is suing for lost wages, lost benefits, emotional and physical distress, and expenses. The suit estimates the damages to be no less than $300,000. The complaint was amended in April 2023, and as such Maersk Line and MEBA filed for an extension setting their date to reply to May 26.

The two midshipman cases continue to have repercussions on the industry. In addition to Gaylan's suit, two officers voluntarily surrendered their licenses and a third case is currently being heard by U.S. Coast Guard investigators. Maersk also said it reviewed its policies while MARAD also reviewed the Sea Year program. Maersk highlights that it also turned over the results of its internal investigation to the U.S. Coast Guard. 

ONE and Wan Hai Pay $2.65M in FMC Fines Over D&D Practices

ONE agreed to restitution over the fees charges as well as paying the civil penalty (file photo)

PUBLISHED MAY 19, 2023 1:36 PM BY THE MARITIME EXECUTIVE

 

The Federal Maritime Commission is continuing its enforcement efforts regarding the fees charged by carriers reporting that Ocean Network Express (ONE) and Wan Hai Lines agreed to pay a combined amount of $2.65 million to settle FMC actions related to detention and demurrage fees plus restitution to shippers. Both of these settlements related to actions brought by the FMC independent of the numerous complaints filed by individual shippers with the FMC against a range of carriers.

The FMC had been outspoken on the issue of D&D fees during the surge in shipping volumes experienced during the pandemic. Before the 2022 passage of the Ocean Shipping Reform Act, the commission had issued directives to carriers and terminals regarding their fee practices. D&D fees were one of the issues shippers complained to Congress about and became one of the drivers of the reforms.

“The agreements being announced today send a clear message to the international shipping community that ocean carriers must fully comply with the U.S. legal obligations,” said Federal Maritime Commission Chairman Daniel Maffei. He commended the Bureau of Enforcement, Investigations, and Compliance for its efforts calling the results “meaningful civil penalties, and relief for impacted shippers.” 

The FMC is highlighting that the settlement reached with ONE incorporates a significant new compromise provision with the carrier agreeing that in addition to paying civil penalties, it will also furnish restitution to impacted shippers in the form of refunds and waivers. ONE entered into the settlement with the FMC in April agreeing to pay a $1.7 million civil penalty.  The settlement related to the FMC’s investigation over assessing detention charges when appointments were unavailable during allocated free time to return equipment. The FMC had not yet launched a formal enforcement action against ONE.

Wan Hai settled an enforcement action that had been initiated at the end of 2021 by the FMC. The case stemmed from information the FMC developed showing that during the spring of 2021, Wan Hai charged detention charges at least 21 times that the FMC believed were violations. The specific instances resulted in charges ranging from $125 to $1,550 per container.

Wan Hai agreed to pay $950,000 in civil penalties to address allegations that it failed to observe and enforce just and reasonable practices regarding its charges related to empty container returns. In addition to payment of a civil penalty, Wan Hai also refunded the impacted shippers all detention charges collected under the invoices and has implemented corrective actions to prevent future violations.

In recent months, many carriers and terminals have been revising their policies and procedures in advance of the expected FMC rule implementing the elements of the Reform Act related to their business practices and fees. One of the most common shipper complaints is unavailable or inaccurate return times as well as fees being charged on days such as holidays when it is not possible to return containers.

Prior to these settlements, the FMC highlights that in June 2022 Hapag Lloyd paid $2 million in civil penalties to resolve allegations stemming from how it assessed detention charges.

CRIMINAL CAPITALI$M

Competition Bureau suing Cineplex for alleged junk fees for online tickets

The Canadian Press

May 18, 2023

The Competition Bureau is suing Cineplex for allegedly advertising misleading ticket prices, the agency said Thursday.

The Bureau alleged in a press release that Cineplex is breaking the law by adding an additional fee that raises the price of its tickets purchased online.

It said an investigation found that consumers can't buy tickets online at advertised prices because there is a mandatory $1.50 fee for booking online.

The Bureau alleges this is an example of misleading drip pricing, also known as a junk fee.

The Bureau noted that amendments to the Competition Act enacted last June explicitly recognize drip pricing as a harmful business practice.

It said any additional fixed charges or fees are false or misleading under the law unless they are imposed by the government, such as sales tax.

Cineplex announced the online booking fee last June. It said Scene Plus rewards members would pay a reduced $1 per ticket purchased online, while members of CineClub, the company's monthly subscription program, would not pay any fee.

The company said at the time it was looking to "further invest and evolve our digital infrastructure," including website upgrades.

The Bureau alleged that Cineplex has generated significant revenues from the fee since its introduction. It said it has filed an application with the Competition Tribunal seeking for Cineplex to stop what it calls deceptive advertising, pay a penalty, and "issue restitution" to affected customers.

"Consumers expect to pay the advertised price. We’re taking action against Cineplex because misleading tactics like drip pricing only serve to deceive and harm consumers," Commissioner of Competition Matthew Boswell said in the press release.

"For years, we have urged businesses, including ticket vendors, to display the full price of their products upfront. I remind all businesses to review their pricing claims to make sure they do not mislead consumers."

Cineplex did not immediately respond to a request for comment.

GM finally enters electric pickup battle with US$40,000 Silverado

David Welch, Bloomberg News

General Motors Co. is finally pushing into the heart of the electric pickup market with its Chevrolet Silverado work truck starting production this month.

The U.S. automaker has been ramping up its push into the EV market at a slow and deliberate pace. The company has taken its time building vehicles on its Ultium platform because of delays at its Ohio battery plant and making quality checks on new vehicles. In that time, Ford Motor Co. has ramped up sales of its Lightning electric pickup and Rivian Automotive Inc. has been building its R1T truck.

The Silverado will first be produced in small numbers as a work truck for fleet buyers with a range of 450 miles a charge, then for retail customers this fall at a price of about US$40,000 and with a battery that can last for 350 miles, topping Ford’s Lightning model by about 30 miles. GM already has an electric Hummer pickup, but that truck starts at $80,000 and sells in limited quantities. 

More competition is coming, though. In 2024, Stellantis NV will start building its electric Ram pickup, called the Revolution, as a 2025 model with anticipated driving range of 500 miles

'Good corporate neighbours': Locals fear disruptions from giant VW plant in Ontario

Sharif Hassan, The Canadian Press

Jenna Tranter thought she had finally found rural tranquillity a decade ago when she bought a lush 25-acre farm where she could teach horseback riding, removed from the traffic and noise of a major city.  

But she recently learned she'd be getting a new neighbour: Volkswagen, Europe's largest carmaker, has announced plans to build a massive electric-vehicle battery manufacturing plant in St. Thomas, Ont., a block away from her home. 

The German auto giant's choice of St. Thomas as the site for its "gigafactory" was widely cheered – including by Prime Minister Justin Trudeau and Ontario Premier Doug Ford – and is expected to create up to 3,000 direct jobs, as well as up to 30,000 spinoff jobs at companies supplying the plant. 

But not everyone was thrilled. 

"It is a very sad situation, and we are very angry and upset," said Tranter, standing outside her red brick farm house in the municipality of Central Elgin, which borders St. Thomas and the proposed factory site.  

"I wanted my own farm and my own space (so) that I could do my own thing … never planned on having the largest EV plant in North America out of my front window."

Volkswagen has said it will invest $7 billion in the project, while the Canadian government has pledged up to $13 billion in subsidies. 

The government has hailed the investment as a vital step towards a cleaner economy, saying it will generate around $200 billion in value and transform St. Thomas and surrounding areas. 

But neighbours said their concerns about the proposed 1,500-acre site have not been addressed.   

Some voiced concerns about Volkswagen's plans to manage chemical waste, limit noise pollution and traffic, as well as disruptions from the major infrastructure work needed to support the factory. 

"Nobody will tell us what these actual plans are and whether they impact my property," Tranter said. "If they are going to widen this road, am I going to lose some of my land?"

Multiple residents said that several homeowners had already sold plots to make way for the industrial megasite. The Canadian Press visited several sites where homes had been bulldozed on land where the Volkswagen plant is slated to be built.  

Tom Martin, whose family has owned 400 acres in the area going back six generations, said he understands the urgency for a cleaner economy, but he questioned the decision to build the plant on prime farmland.  

"I am not against progress and electric vehicles are the thing that is going to be changing our lives,” said Martin, whose farm is expected to be the plant's largest direct neighbour. "But it would be nice to not use the best ground dirt in southern Ontario." 

Martin said he worries that potential widening of the road bordering his farm could destroy a tree line that protects his land from the wind. He said he's not yet had any communication from Volkswagen or municipal authorities about what to expect. 

Diane Dubois, Martin’s wife, said she fears what the factory will mean for her family's long-term future in Central Elgin. 

"We are going to hang tight and see what happens because we love it here and we have lots of family history here, and we are just hoping that Volkswagen will be good corporate neighbours,” she said, sitting on a picnic bench next to her husband, with a vast stretch of green grass behind them.  

Another source of controversy is what some in Central Elgin have branded the "annexation."

Just 11 days before Volkswagen announced it had chosen St. Thomas, the province passed legislation redrawing the municipal boundary so that the plant's entire site would be located in St. Thomas alone.

The province said it redrew the map to help avoid bureaucratic duplication during the building process.

The rapid legislative move, which sparked curiosity before its motive was clear, was a "serious concern," said Central Elgin resident Nicole Craven. 

"We are very excited that there is going to be an upswing in employment and opportunities for the region,” she said, but added: “We are more concerned with how the things went about and don't feel that there was that transparency needed for the process."

St. Thomas Mayor Joe Preston downplayed concerns about the boundary adjustment. 

"You can find someone who would find something wrong with a sunny day," he said. "This is a really huge benefit to all of the people of southern Ontario."

Preston, whose desk features a blue plastic sample of Volkswagen's EV battery, said the automaker chose the area partly because of its "good hard-working workforce." 

St. Thomas has a history of pioneering as an industrial hub, the mayor said. 

It connected Ontario to major North American cities like New York and Chicago by railway in the 1800s, attracted automotive manufacturers in the 1900s and has now successfully won the competition to host the plant producing batteries for electric vehicles in the 21st century, Preston said.

As for the size of plant, Preston said it was cause of celebration, not concern. 

"It will be somewhat difficult to walk from one end to the other," he said. "That is how big this facility is and a lot of production coming out of it worldwide for Volkswagen."

PowerCo SE, the Volkswagen subsidiary that manages the automaker’s battery factories, said last month that it was committed to being "a reliable partner for the people in St. Thomas and Ontario."

Rodger Moran, a newcomer to St. Thomas, said the Volkswagen news was "great."

"This is really good opportunity for a lot of folks ... good paying jobs which (are) desperately needed around here."

This report by The Canadian Press was first published May 19, 2023.

Canada needs to 'level the playing field' for EV subsidies: Auto trade group

By David George-Cosh

David George-Cosh

Reporter

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The head of the trade group representing Canada’s automakers said the country needs to “level the playing field” and prevent any further delays in issuing subsidy payments in order to compete for next-generation electric vehicle manufacturing with the U.S.

Brian Kingston, president of the Canadian Vehicle Manufacturers’ Association, told BNN Bloomberg that Canada needs to keep up with the U.S. if the country plans to be a big player in the emerging electric vehicle manufacturing sector, including components such as batteries that use critical minerals often found here in Canada.

“The Inflation Reduction Act has put battery production in Canada at a significant disadvantage and corresponding action is required to level the playing field,” Kingston said in an emailed statement.

“As the automotive industry transitions to electrification, Canada has a once-in-a-generation opportunity to grow its share of North American auto production. Now is not the time for hesitation from government.”

Kingston’s comments come following an impasse between automaker Stellantis NV and battery maker LG Energy Solution Ltd. on a battery plant under construction in Windsor, Ont. Construction of the facility was halted earlier this week after both Stellantis and LG Energy sought to obtain the same subsidies offered to rival carmaker Volkswagen AG for a similar battery plant in St. Thomas, Ont.

When the plant was first announced in March 2022, Ottawa and Ontario provided an equal amount of capital-cost subsidies totalling $1 billion to Stellantis and LG Energy, but that was before the Biden Administration passed the Inflation Reduction Act that would provide billions of U.S. dollars in subsidies and other benefits tied to clean-tech infrastructure, such as EV plants. To help secure the deal with Volkswagen, Ottawa had to match the U.S.’s incentives for EV manufacturing with $13.2 billion over a 10-year period by Ottawa for the carmaker to build its battery facility in Canada, while Ontario has also pledged an additional $500 million for the plant.

“Stellantis and LG Energy Solution simply ask that the Canadian governmnt keep its commitments in relation to what was agreed last February and which led us to continue construction work of the gigafactory in Windsor. This uncertainty is unfair to our Canadian employees, as well as towards Stellantis and LGES investments," a Stellantis spokesperson told BNN Bloomberg in an emailed statement on Wednesday.

It is unknown how much additional subsidies is being requested by Stellantis and LG Energy. Representatives from the Ministry of  Innovation, Science and Economic Development  and the Ontario government were not immediately available for comment.

ALL CAPITALI$M IS STATE CAPITALI$M

Ontario offering more money to Stellantis, premier says

The Canadian Press

Ontario is offering more money in a bid to keep automaker Stellantis from pulling out of building an electric vehicle battery plant in Windsor, Ont., Premier Doug Ford said Friday.

Stellantis and LG Energy Solution announced last year that they were building the $5-billion plant, but have in recent days stopped construction and warned they were implementing contingency plans because the federal government hasn't lived up to an agreement.

The CEOs of the two companies wrote last month to Prime Minister Justin Trudeau, saying Ottawa had confirmed in writing five times that it would match production incentives under the United States' Inflation Reduction Act, but has not delivered on those commitments.

But the federal government has been pressuring Ontario to pitch in as well, saying the province also has to pay its "fair share."

Ford has said he is disappointed with how the federal government has handled the issue since the province didn't make those production subsidy commitments, but said he is working with officials in Ottawa.

"I will confirm we're putting more money on the table," he said after an unrelated announcement in St. Catharines, Ont.

"This is all about saving jobs and giving people the quality of life they deserve in southwestern Ontario."

Stellantis has said the battery facility to supply plants in North America will employ about 2,500 people. Auto parts makers expect the total impact to be about 10,000 indirect jobs.

The deal Ontario previously signed with Stellantis committed the province to a $500-million capital contribution, which is the same amount it promised to Volkswagen to build an electric vehicle battery plant in St. Thomas, Ont.

Canada offered Volkswagen a $700-million capital contribution and up to $13 billion in production subsidies for the batteries it makes over the first decade, to match what the company would get in production tax credits under the Inflation Reduction Act.

Stellantis and LG sent the letter to Trudeau around the same time the terms of the Volkswagen deal were made public.

Finance Minister and Deputy Prime Minister Chrystia Freeland has said that MPs from other provinces and other provincial governments have been asking what their provinces are going to get as they watch Ottawa pour billions into auto deals in Ontario, so provinces that benefit from the federal government's $120-billion-plus green industrial strategy should "pay their share."

This report by The Canadian Press was first published May 19, 2023.

Telus offering buyouts after investing in customer service tech, self-serve options

The Canadian Press

Telus says it's offering buyouts to a large group of employees and anticipates several hundred workers will take them.

The Vancouver-based telecommunications company says in a statement that the buyouts come as a result of significant investments it's made in customer service technology and self-serve options for customers.

Spokeswoman Brandi Merker says the company offered the package to a large group of employees in order to be fair and equitable.

She says the company has the right to limit how many buyout packages are taken.

According to Telus' annual report, the company had 108,500 active employees in 2022.

The annual report says that changes in customer preferences stemming in part from the pandemic led to a major acceleration of Telus' digital transformation and of self-serve options for customers.

This report by The Canadian Press was first published May 18, 2023.

'Value of pilots has gone up,' industry must respond: Flair CEO

Holly McKenzie-Sutter, BNN Bloomberg

As WestJet ramped its operations back up after reaching an 11th-hour agreement with its pilots union, the chief executive of rival Flair Airlines said Friday that the industry must respond to the demand for their increasingly sparse labour.

Stephen Jones told BNN Bloomberg in a television interview that “demand for pilots has really increased across the post-pandemic period,” and that has translated into high compensation demands from the aviation professionals.

“There’s no doubt that the value of pilots has gone up over the last period and it’s something the industry needs to deal with,” Jones said Friday.

AIRLINE LABOUR RELATIONS

Talks between WestJet and the Air Line Pilots Association hinged on union demands related to compensation, scheduling and job protection – with the wage differential between higher-paid U.S. pilots a particular sticking point. The two sides reached a tentative agreement before the Friday 3 a.m. MDT strike deadline, though WestJet had already grounded its planes in preparation and asked customers to keep checking flight information on Friday.

Union representative Bernard Lewall said the offer from the company would help retain and attract pilots at WestJet, after noting earlier in the dispute that work conditions had seen pilots departing the Calgary-based airline in big numbers.

Flair reached its own agreement with ALPA last December, Jones said.

In the lead-up to the Friday WestJet strike deadline, Flair added flights starting at $99 between some Canadian cities in a move aimed at helping affected WestJet customers salvage their travel plans. The first of the additional flights are taking off fully booked, Jones said.

Aviation industry expert John Gradek of McGill University said the pilots’ wage demands were influenced by a contract won by pilots at U.S.-based Delta Air Lines Inc. that will see them receive pay raises of 34 per cent over four years.

There was a wide gulf between what WestJet and the pilots’ union wanted on wages, and Gradek said it’s not yet clear how the two parties found common ground.

“We’re going to find out who compromised more than others pretty shortly,” he said in a television interview on Friday.

He also noted that the disruptions from the past week were the first major threatened work stoppage at WestJet, which could influence employee and customer perception of the airline’s values as “more interested in bottom line” than its company culture or customer service.

“Passengers are starting to question, ‘Has WestJet changed,’” he said.

SUMMER TRAVEL OUTLOOK

Staffing was a major factor in the chaos and disorganization reported at Canadian airports last summer.

Jones said the 2022 summer travel season was a “disaster” as the industry struggled to bounce back from the pandemic.

He said his own company has made efforts to improve time performance and help things run more smoothly ahead of what he anticipates will be a “huge” summer for air travel based on bookings so far.

Gradek said performance in the first few weeks of summer will reveal whether Canadian airlines have done enough hiring and staff training to sort out the issues from last year.

“I’m crossing my fingers that the industry has learned its lesson,” he said.