Incident at 4536/06120 (TCAS alert, Conflict - loss of separation, Alleged Canadian Aviation Regulations (CARs) infraction)

2010-11-26: UPDATE TSB: A10A0117: WJA398, a Westjet Boeing 737-700 was en route from Halifax to St. John's NL and had been cleared to FL340. TGM081, a TAG Aviation Canadair CL60, was en route from Montreal to Madrid at FL350. WJA398 climbed to FL344 before returning to FL340 during which time the flight crew received a TCAS RA. The crew of TGM081 did not receive any TCAS advisory. Separation between the aircraft eroded to 1.5 miles laterally and less that 1000 feet vertically in an area where 5 miles lateral or 1000 foot vertical are required.

2010-11-01: WJA398, Boeing 737 7CT, enroute from Halifax (CYHZ) to Toronto (CYYZ), was cleared to 34,000 ft. due to crossing traffic at 35,000 ft. WJA398 received a Traffic Alert and Collision Avoidance System (TCAS) resolution advisory. Radar data showed that the WJA398 actually climbed above 34,000 ft. to 34,400 ft. at a distance of 1.5 miles from the crossing traffic at 35,000 ft. before descending down to 34,000 ft. The aircraft at 35,000 ft. (TGM081, CL600) did not report any advisory.