There is a distinction between "owner-opeators" and "non operating owners" - what appears to be being reported is that trust owning the plane were not the operators - but Dave Henderson was. The distinction is important with regards owners liability, because depending on jurisdiction most commonly it is deemed that the lessor operator who is not the owner- Dave Henderson was the defacto owner along with the liabilities an owner would be normally due to meet should it go wrong. Of course the operating model of Cool Flourish and Dave Henderson we are yet to have been privy to to my knowledge...but the analogy of getting a taxi and trusting the taxi firm are going to give you a qualified driver misses that most likely Cool Flourish's operations were simply to provide an asset for use by another party in order for the other party to operate it commercially. Usually the maintenance then is outsourced as part of the agreement to the operator and generally a non operating owner will be not held liable for any losses caused by improper maintaince when this has been outsourced to someone of enough skill to be reasonably expected to keep it repaired. As for any assertion that the owners - CF were the actual operators - well you'd have to be well informed as to the agreements in place between the parties and what revenue was going where as part of the operation to take passengers on flights. I would be shocked if the money taken for flights would have been going to CF as a revenue line item - I'd be quite comfortable betting that any McKay money for the flight went to DH...Originally Posted by nugent
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