Ottawa (Rajeev Sharma): More than three and a half years after an Ottawa man’s flight to Portugal was delayed by over 24 hours, the Ontario Superior Court has ordered Air Canada to pay Rejean Landry and his two adult children $15,000 in compensation.
The ruling follows a small claims court decision over a year ago that had already sided with Landry, who represented himself. “It was just clearcut: There were too many planes, not enough employees, and it was their fault that the plane was late,” Landry said. “They pretty much never showed any argument to say otherwise. They just kept saying, ‘We don’t owe money.’”
After the small claims court ruling, Air Canada appealed to the Superior Court, a move passenger rights advocates say can discourage others from pursuing compensation due to the airline’s legal resources. “Airlines want to establish precedence, and they also want to maintain the reputation that as a passenger, it’s hopeless to fight us,” said Gabor Lukács, president of advocacy group Air Passenger Rights.
The $15,000 award includes compensation for the initial flight delay, replacement tickets to Portugal, and costs for Landry’s children’s return flights after Air Canada canceled them. Initially, Landry had sought only the value of his own tickets, about $6,500, but advocacy support helped him claim the additional costs, considered “denied boarding” by the Canadian Transportation Agency.
In a nine-page decision, Superior Court Justice Ian Carter rejected Air Canada’s claim that Landry should not be awarded damages because he booked replacement flights before the airline could rebook him. The judgment noted there was no evidence the airline instructed him to wait for rebooking.
Although Air Canada may appeal to the Ontario Court of Appeal, Lukács considers it unlikely. “I suspect they don’t want a second or third judgment on this case because it would look very bad for them. Even one judgment is too many,” he said.
The case highlights the growing importance of passenger rights in Canada and sends a signal to airlines that delays and denied boarding claims may be met with judicial enforcement.
