Veinotte et al. v. Air Canada

Veinotte et al. v. Air Canada

On balance of probabilities the adjudicator accepted contemporaneous internal records showing weather, security/documentation issues, a ramp medical emergency and a customs/CATSA hold caused the delay; those causes were outside Air Canada’s control, claimants failed to prove the delay was within carrier control, so statutory compensation and accommodation obligations under the Regulations did not arise and the claim was dismissed.

Citation
2023 NSSM 80
Parties
Claimant: Matthew Scott Veinotte; Claimant: Thomas Murphy; Defendant: Air Canada
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
31 October 2023
Procedural Posture
Small Claims Court / Decision
Outcome
Claim dismissed.
Legal Topics
Air Passenger Protection Regulations, Montreal Convention Article 19, Delay Compensation, Customs Hold, Onus of Proof
Source Language
English
Aviation Law Administrative Law Regulatory Compliance International Conventions Air Passenger Protection Regulations Montreal Convention Article 19 Delay Compensation Customs Hold +1 more

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Parties

Matthew Scott Veinotte

Claimant

Thomas Murphy

Claimant

Air Canada

Defendant

Procedural Posture

Small Claims Court / Decision

Legal Issues

  1. 1 Whether the delay was within the carrier’s control under the Air Passenger Protection Regulations
  2. 2 Whether claimants are entitled to s.12 compensation and s.14 accommodations
  3. 3 Whether Article 19 of the Montreal Convention creates additional liability for expenses

Ratio Decidendi

On balance of probabilities the adjudicator accepted contemporaneous internal records showing weather, security/documentation issues, a ramp medical emergency and a customs/CATSA hold caused the delay; those causes were outside Air Canada’s control, claimants failed to prove the delay was within carrier control, so statutory compensation and accommodation obligations under the Regulations did not arise and the claim was dismissed.

Court Disposition

Claim dismissed.

Orders

  • The claim is dismissed.