After a delay of more than 24 hours on his flight to Portugal, an Ottawa man has been awarded $15,000 in compensation by the Ontario Superior Court from Air Canada. The ruling follows a previous decision in favor of the passenger, Rejean Landry, and his two adult children in small claims court over a year ago. Representing himself in court, Landry felt confident in his case, citing the airline’s responsibility for the delay due to insufficient staff and excessive flights.
Subsequently, Air Canada appealed the small claims court decision in the Ontario Superior Court, a move criticized by air passenger rights advocates as a tactic to dissuade others from pursuing similar claims. Gabor Lukács, president of Air Passenger Rights, highlighted the airline’s strategy to establish precedents and discourage passengers from challenging them.
The compensation of approximately $15,000 awarded to Landry and his children includes reimbursement for the delayed flight, replacement tickets to Portugal, and the children’s return tickets after Air Canada canceled their trip back home. Initially seeking compensation for the original ticket value of around $6,500, Landry later discovered he was also entitled to compensation for his children’s denied boarding on their return flights.
In a detailed nine-page decision, Superior Court Justice Ian Carter dismissed Air Canada’s argument against awarding damages to Landry, emphasizing the lack of communication from the airline regarding rebooking procedures. While Air Canada retains the option to appeal the Superior Court’s ruling, Lukács believes the company is unlikely to pursue further legal action given the implications of multiple judgments against them.
Responding to the ruling, a spokesperson for Air Canada stated that the airline is currently reviewing the decision. The outcome of this case serves as a significant message to Air Canada and other major airlines regarding the importance of respecting passengers’ rights, according to Lukács.