February 27, 2021

Island family wins landmark lawsuit against Air Canada – Victoria News

The Comox Valley family has been granted $ 3,000 under the new federal airline passenger safety rules for pre-epidemic travel from Comox to Fort Lauderdale on Air Canada.

Jan. 28 Jonathan McNab ordered the airline to pay Robert McNab, Adrian McNab and their son $ 3,000 in damages in the January 28 provincial civil tribunal (an administrative tribunal empowered to deal with minor claims, property disputes, motor vehicle accident injury claims, etc. under $ 5,000). And interest 159 Interest and fees.

The Air Passenger Safety Regulations (APPR) came into force on December 15, 2019, and tribunal member Rama Sood noted in his conclusion that the family traveled after the federal law came into force and could apply for the APPR.

In July 2019, McNabs booked round trip flights from Comox to Fort Lauderdale, Fla., With Air Canada, departing on December 31, 2019 and returning to the Valley on January 13, 2020. Their itinerary called for connecting planes. Vancouver and Montreal during departure and return flights.

Upon their return to Canada, the McNab flight from Montreal to Vancouver was delayed, causing them to miss the connecting flight to Comox – the last flight of the day. They stayed overnight in Vancouver and flew out the next day; Air Canada did not pay for their accommodation, food or transportation.

In the end, the lawsuit was settled out of court, with McNabe claiming that the delay was due to staff problems. Air Canada denied the delay due to staffing issues and noted that the one-hour and 13-minute delay (the flight was delayed twice) was due to circumstances outside its control.

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The airline said it was only obliged to re-register McNabs’ aircraft to Comox. They gave McNabs a 15 percent ad code as a goodwill gesture, which they refused.

While he agrees with some of the reasons for the initial delay, Sood said Air Canada’s reasons for the second delay were unclear.

“On January 13, it said the delay was due to ‘extra production time’ and then on January 20 it said it was ‘due to planning problems’. I do not prove that the delay is beyond its control, or within its control but for security purposes நான் I see a second delay within the control of Air Canada, ”he wrote.

Suite noted that under a provision within the APPR for provisions for delays, McNabs is entitled to $ 1,000 each in compensation.

“I feel a little like David and Goliath,” Robert said of his Royston house. “My hope (going into this) is success or failure, we can get out of this with a way to tighten airline rules.”

When he first returned to the Comox Valley he went directly with Air Canada through a complaint process, and “the results were less than satisfactory – it was too bad.”

He and his family decided to file a formal complaint with the Civil Tribunal in late summer 2020.

While he was pleased with the result, Robert admitted that he fully expected Air Canada to oppose the decision and take the case to the state court. Unlike in court, decisions made in tribunal are not believed to be ‘case law’.

Robert said if the case goes to court, he will consult with the attorney who runs it, Copernicus Lux Airline Passenger Rights Website And has registered two dozen successful complaints with the Canadian Transportation Company.

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To see the full result, visit the CRT website: https://bit.ly/2Ldn1Bb

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