View cases - Stewart McKelvey

Page: 4[13] Based upon his years of service with Air Canada and his pre-Air Canada military service(which are included as years of service for the purpose of Air Canada’s pension plan), Mr. Vilven isentitled to receive substantial pension benefits until his death.[14] After leaving Air Canada, Mr. Vilven was able to continue his career in aviation. He flewwith Flair Airlines from April of 2005 until May of 2006, when he quit flying in order to prepare forhis Tribunal hearing. At the time of the original Tribunal hearing, Mr. Vilven continued to hold avalid Canadian Air Transport Pilot’s License.2011 FC 120 (CanLII)C. Robert Neil Kelly’s Career[15] Robert Neil Kelly was hired by Air Canada in September of 1972. At the time of hisretirement from Air Canada, he was flying as the Captain and Pilot-in-command of Airbus 340’s.[16] The term “Pilot-in-command” should not be confused with that of “Captain”. Pilotpositions at Air Canada include Captains, First Officers and Relief Pilots. The InternationalStandards on Personnel Licensing promulgated by the International Civil Aviation Organization (or“ICAO”), the United Nations organization charged with fostering civil aviation safety, requires thatone pilot on each flight be designated as the Pilot-in-command of the flight: see the Convention onInternational Civil Aviation: Annex 1 - International Standards and Recommended Practices -Personnel Licensing (Chicago Convention), 7 December 1944, 15 UNTS 295 (entered into force 4April 1947), see Annex I (Personnel Licensing, 10th ed., 2006). Although the Captain of an aircraftis ordinarily the Pilot-in-command, this is not necessarily always the case.