Winnipeg couple claims Air Canada negligent

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This article was published 26/10/2023 (683 days ago), so information in it may no longer be current.

A Winnipeg couple is suing Air Canada, alleging the airline caused them to miss part of a Scotland vacation, as more Canadians turn to the courts to get compensation for delayed or cancelled flights.

Nancy and Michael Finlayson filed a statement of claim Oct. 13 in Manitoba Court of King’s Bench, naming Air Canada as defendant, over their summer trip to Edinburgh that was allegedly delayed by about 33 hours in total.

The couple are seeking $2,290.50 in damages for hotel and rental car costs and a $2,800 judgment for delayed flights under federal Air Passenger Protection Regulations, as well as interest and court costs.

The legal filings say the Finlaysons purchased Air Canada tickets in mid-January to fly from Winnipeg on July 31 and arrive in the Scottish capital Aug. 1 via a connecting flight in Toronto.

The filings say a series of delays caused them to arrive in Toronto more than three hours late. They were then given another flight to Edinburgh, which would have touched down July 31 later than originally planned — but that flight was then cancelled.

The couple ultimately arrived in Edinburgh the afternoon of Aug. 2, and lost the use of their rented vehicle and hotel room for a day-and-a-half. The hotel and the rental agency would not waive the fees, the claim says.

The Finlaysons’ legal filings argue Air Canada breached its contractual duties by failing to get them to their destination on time and failing to compensate them fairly, among other arguments.

The statement of claim says the couple requested compensation from Air Canada around Aug. 29 for the expenses, arguing the costs were due to Air Canada’s negligence, but the airline failed or refused to, apart from just $30.46, breaching its common law, contractual and statutory duties.

It further claims the couple are entitled compensation for the delays under the federal passenger protection regulations.

Those regulations allow for different amounts of financial compensation depending on the length of a delay and the size of an airline, but airlines are exempt if changes were required for safety reasons.

It is not clear, based on the claim, what led to the delays and cancellation.

An Air Canada spokesperson, who did not give their name, said the airline could not comment as the matter is before the courts, but pointed to international civil aviation treaties as limiting an air carrier’s liability for incidental expenses.

Gábor Lukács, who runs Canadian advocacy organization Air Passenger Rights, said dissatisfied customers are frequently turning to the courts to get compensation owed to them — but added those filings are typically made in small-claims courts, not superior courts such King’s Bench.

For example, a Kelowna, B.C., couple won a small-claims case against Air Canada in August, after a delay stranded them in Vancouver while headed to Egypt, B.C. media outlets reported.

Lukács said, speculatively, the Manitoba couple may have filed their claim at King’s Bench because they want to Air Canada to be forced to make comprehensive discovery during the legal process.

The advocate added he thinks the Winnipeg claim underscores the Canadian Transportation Agency is “not doing its job.”

“The agency is cozy with the airlines,” Lukács alleged. “They are not using the powers that were given to them to impose fines on airlines that break the law.”

Lukács added he thinks airlines are disregarding the passenger rights regulations, leading to the frequency of claims.

“In many cases, the airlines try to settle with the passenger just before it goes through court, sort of the evening before the trial,” he said, adding airlines have often tried to include confidentiality clauses in such settlements. “I would say (small-claims actions) are fairly commonplace, but under-reported.”

Lukács said he’s interested to see how the Finlaysons’ case plays out in court. “Unless the airline can get out… some very, very solid evidence, I think the case is strong.”

However, Air Canada may also try to use the lawsuit to establish case law, fighting it to the Manitoba Court of Appeal or federal Supreme Court of Canada, Lukács said.

erik.pindera@freepress.mb.ca