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害羞草研究所檚 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害羞草研究所檚 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害羞草研究所檚 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害羞草研究所� 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害羞草研究所檚 reasons for the second delay were vague.
害羞草研究所淥n Jan. 13, it stated the delay was 害羞草研究所榙ue to additional preparation time,害羞草研究所� and then on Jan. 20 it stated the delay was 害羞草研究所榙ue to scheduling issues.害羞草研究所� It now says the delay was due to the crew害羞草研究所檚 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 害羞草研究所� I find the second delay within Air Canada害羞草研究所檚 control,害羞草研究所� 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.
害羞草研究所淚 feel a little bit like it was David versus Goliath,害羞草研究所� said Robert from his Royston home. 害羞草研究所淢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.害羞草研究所�
He originally went through a complaint process directly with Air Canada upon their return to the Comox Valley, and 害羞草研究所渢he results came back less than satisfactory - it was quite maddening.害羞草研究所�
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 害羞草研究所榗ase law.害羞草研究所�
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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