A Vancouver Island family has been awarded $3,000 under the new federal air passenger protection rules for a pre-pandemic trip from Comox to Fort Lauderdale on Air Canada.
In a Jan. 28 decision in the province含羞草研究社檚 Civil Resolution Tribunal (an administrative tribunal that has jurisdiction over small claims under $5,000, strata property disputes, motor vehicle accident injury claims and others) ordered the airline to pay Robert McNabb, Adrianne McNabb and their son Jonathan McNabb $3,000 in damages, and $159 in interest and fees.
The Air Passenger Protection Regulations (APPR) came into effect Dec. 15, 2019, and since the family travelled after the federal law came into effect, the APPR could apply, noted tribunal member Rama Sood in her decision.
In July 2019, the McNabbs, who live in the Comox Valley, booked roundtrip flights with Air Canada from Comox to Fort Lauderdale, Fla., which left on Dec. 31, 2019 and was set to return to the Valley Jan. 13, 2020. Their itinerary called for connecting flights in Vancouver and Montreal during both the flight out and return flight.
Upon their return to Canada, the McNabb含羞草研究社檚 flight from Montreal to Vancouver was delayed, which caused them to miss their connecting flight into Comox - the last flight of the day. They stayed overnight in Vancouver and flew out the following day; Air Canada did not pay for their accommodation, meals or transportation.
In the decision, Sood noted the McNabbs say the flight delay was within Air Canada含羞草研究社檚 control since it was due to staffing issues. Air Canada denied the delay was due to staffing issues and noted the one hour and 13-minute delay (the flight was delayed twice) was due to situations outside of its control.
The airline added it was only obligated to rebook the McNabbs含羞草研究社� flight to Comox, which it did. They also offered the McNabbs a 15 per cent promotional code as a goodwill gesture, which they declined.
While she agreed with some of the reasons for the initial delay, Sood said Air Canada含羞草研究社檚 reasons for the second delay were vague.
含羞草研究社淥n Jan. 13, it stated the delay was 含羞草研究社榙ue to additional preparation time,含羞草研究社� and then on Jan. 20 it stated the delay was 含羞草研究社榙ue to scheduling issues.含羞草研究社� It now says the delay was due to the crew含羞草研究社檚 flight to Montreal arriving late due to mechanical failure. Air Canada did not explain what the mechanical failure was and so I find it has not proved the delay was beyond its control, or within its control but due to safety purposes 含羞草研究社� I find the second delay within Air Canada含羞草研究社檚 control,含羞草研究社� she wrote.
According to a rule within the APPR for provisions for delays, Sood noted the McNabbs are entitled to receive compensation of $1,000 each.
含羞草研究社淚 feel a little bit like it was David versus Goliath,含羞草研究社� said Robert from his Royston home. 含羞草研究社淢y hope was (going into this) was win or lose, we could come out of this with a way to tighten up air passenger regulations.含羞草研究社�
He originally went through a complaint process directly with Air Canada upon their return to the Comox Valley, and 含羞草研究社渢he results came back less than satisfactory - it was quite maddening.含羞草研究社�
He and his family then decided to file the formal complaint to the Civil Resolution Tribunal in late summer 2020.
While he is delighted by the result, Robert admitted he fully expects Air Canada will object to the decision and will take the case to provincial court. Unlike in court, decisions made in the tribunal are not relied upon as 含羞草研究社榗ase law.含羞草研究社�
If the case does go to court, Robert said he will consult with advocate G谩bor Luk谩cs who runs the and has filed more than two dozen successful complaints with the Canadian Transportation Agency.
To see the full decision, visit the CRT website:
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