Lachance v. Air Canada

Lachance v. Air Canada

Because the claimant held a previously confirmed reservation and complied with check-in and gate arrival requirements, and because Air Canada offloaded him automatically while en route without proving the delay was beyond its control or that the claimant failed the tariff's actual check-in/boarding requirements, the offloading constituted a 'denied boarding' under Rule 245AC, entitling the claimant to $800 compensation plus general damages and costs.

Citation
2014 NSSM 14
Parties
Claimant: Daniel Joseph Serge Lachance; Defendant: Air Canada
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
15 April 2014
Procedural Posture
Small Claims Court Denied Boarding/overbooking Claim / Decision
Outcome
Claimant's claim allowed in part; Adjudicator finds denied boarding and awards statutory and incidental damages and costs.
Legal Topics
Denied Boarding, Overbooking, Tariff Interpretation, Misconnection, Delay Compensation, Reservation Cancellation
Source Language
English
Transportation Law Contract Law Aviation Law Administrative Law Consumer Protection Denied Boarding Overbooking Tariff Interpretation +3 more

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Parties

Daniel Joseph Serge Lachance

Claimant

Air Canada

Defendant

Procedural Posture

Small Claims Court Denied Boarding/overbooking Claim / Decision

Legal Issues

  1. 1 Whether the passenger was 'denied boarding' under Rule 245AC of CDGR-1
  2. 2 Whether Air Canada validly re-assigned/cancelled the passenger's confirmed reservation under Rule 135AC
  3. 3 Whether the event was a 'misconnection' under Rule 240AC rather than denied boarding

Ratio Decidendi

Because the claimant held a previously confirmed reservation and complied with check-in and gate arrival requirements, and because Air Canada offloaded him automatically while en route without proving the delay was beyond its control or that the claimant failed the tariff's actual check-in/boarding requirements, the offloading constituted a 'denied boarding' under Rule 245AC, entitling the claimant to $800 compensation plus general damages and costs.

Court Disposition

Claimant's claim allowed in part; Adjudicator finds denied boarding and awards statutory and incidental damages and costs.

Orders

  • Air Canada shall pay $800.00 as denied boarding compensation under Rule 245AC payable as soon as practicable.
  • Air Canada shall pay $100.00 general damages for breach of its tariff.