1. CHAIR:Dimitri Maniatis – Langlois Kronström Desjardins PANELLISTS:Joseph Tacetta, Esq. – Global Aerospace Inc. Robert Lawson, Q.C. – Quadrant Chambers Douglas A. Latto, Esq. – Baumeister & Samuels D. Bruce Garrow – Borden Ladner Gervais CONFERENCE ON INTERNATIONAL AVIATION LIABILITY & INSURANCE October 30-31, 2009

2. Non-Economic Damages  What Are They?  Compensatory: Intangible losses arising from physical and psychological pain and suffering as well as loss of amenities and expectation of life.  Non-compensatory: Punitive damages  Why Are They Important?  Who Can Recover?  Claims involving personal injuries or wrongful death  Injured persons  Dependants  Estates  How Are Non-Economic Damages Awarded?  Civil action  Jury  Judge alone

3. Who Can Recover Non-Economic Damages?  Personal injury claims: Injured passengers;  Wrongful death claims: Estates and fatal accident claims by dependants;  Is there a need for uniformity?

4. Compensation for Mental Injuries  Compensation for mental injuries under the Warsaw Convention;  Compensation for mental injuries under the Montreal Convention;  Is the situation any different than under the Warsaw regime?  Do mental damages have a physiological component? Can’t they really constitute bodily injury?  The New ICAO Conventions on Third-Party Damage Caused by Aircraft;  Compensation for mental injuries in other cases in the U.K., U.S.A. and Canada;

5. Post-Traumatic Stress Disorders  The interplay between remoteness and the thin-skull rule;  Legal causation: Must the injury be a reasonably foreseeable consequence of the accident? Is it an objective or subjective standard?  Thin skull rule: Is the tortfeasor liable even when his victim is more susceptible to injury than the average person?  Primary versus secondary victims and the zone of danger;  The treatment of claims for post-traumatic stress in the U.K., U.S.A. and Canada;  Mustapha v. Culligan (2008) in the Supreme Court of Canada;

6. Punitive Damages  The availability of punitive damages in the U.K., U.S.A. and Canada;  Punitive damages under the Warsaw and Montreal Conventions;  Other cases of personal injury or wrongful death;  Punitive damages and insurance;  Are punitive damages excluded from insurance coverage?  Legislative restrictions on the coverage of punitive damages;

7. Limitations of Liability for Non-Economic Damages  Limitations of liability for non-pecuniary damages in the U.K., U.S.A. and Canada;  The Canadian cap on compensation for pain and suffering;  The Supreme Court of Canada’s trilogy;  Considerations that gave rise to the cap;  The amount of the cap and when it applies;  Is a cap still justified in Canada?  Is there a need for a similar cap in the U.S.A. and the U.K.?

8. Jurisdiction and Forum Shopping  Jurisdictional requirements under the Montreal Convention;  Is forum non conveniens available in Warsaw cases?  Is the situation any different under the Montreal Convention?  New trends: Claims against aircraft lessors or lien holders and impact on jurisdiction;  What motivates forum shopping by plaintiffs?

9. The Availability and Impact of Jury Trials  The potential impact of jury trials on the recovery of non-economic damages;  The availability of jury trials in the U.K., U.S.A. and Canada;  A trial judge or appellate court’s review of a jury award of non-economic damages;  Forum shopping and jury trials;

10. Conclusion  Questions?