Arab Canada News
News
Published: July 21, 2022
The traveler who spent days in Dubai without her luggage will receive hundreds of dollars from Air Canada after a decision from the civil decision court in the province.
The decision, which was published last week, stated that Jessica Kalin flew from Vancouver to Dubai on a six-day trip on September 18 last year.
During the trip, she lost her luggage and did not receive it for two days. The decision by court member Shelley Lopez explained that under Article 19 of the Montreal Convention, the airline is responsible for any "damage" caused by delayed luggage, unless it proves that it took all reasonable measures to avoid the damage.
Lopez wrote that Air Canada does not dispute that Kalin's luggage was delayed or that it owes her some compensation. In fact, the airline paid her $500.
But Kalin said her expenses from the delayed luggage were over $2,120, so she claimed the $1,620 difference through a CRT complaint.
The court heard that Kalin purchased clothes and toiletries worth $2,120 "upon arrival at her destination, after realizing that her bag was delayed."
In total, she bought four pairs of shoes, six bottoms, five shirts, swimsuits, bras, two pairs of underwear, three pairs of socks, and toiletries.
Lopez wrote saying: "Air Canada claims that the amount of clothing purchased for the two-day delay was excessive and unreasonable." "Ms. Kalin disagrees and says her six-day trip was fully scheduled and she requested the necessary items for the various planned activities (gym workouts, work conference, casual clothes for personal time, formal attire for business dinner ).
Lopez decided it was reasonable for Kalin to buy some clothes, but said some items were unnecessary.
"Even with the various activities, I find that Ms. Kalin did not adequately explain why she needed four pairs of shoes (in addition to what she was wearing on the plane) six bottoms, and five shirts.
Lopez also said the cost of some items was unnecessary, such as a pair of running shoes that cost 215 Canadian dollars.
The swimsuit she bought was 108 Canadian dollars and one of the bras was 98 Canadian dollars, both of which Lopez also decided were excessive.
In the end, Lopez decided that Kalin is entitled to recover $1,200. Since Air Canada already paid $500, the airline owes an additional $700 in compensation, plus about $70 in CRT fees and pre-judgment interest.
Edited by: Abdelsalam bin Saleh
Comments