Air Canada ordered to pay B.C. traveller additional $700 over delayed luggage

A B.C. traveller who spent days in Dubai without her luggage will receive hundreds of dollars from Air Canada following a decision from the province's Civil Resolution Tribunal.

The decision, published last week, said Jessica Kalynn flew from Vancouver to Dubai for a six-day trip last Sept. 18. During the trip, her baggage missed her connecting flight and Kalynn didn't get it for two days.

Tribunal member Shelley Lopez's decision explained that, under Article 19 of the Montreal Convention, an airline is liable for any "damage" from a baggage delay, unless it proves it took all reasonable measures to avoid the damage.

Lopez wrote that Air Canada doesn't dispute that Kalynn's luggage was delayed or that it owed Kalynn some compensation. In fact, the airline paid her $500.

But Kalynn said her expenses from the delayed luggage were more than $2,120, so she claimed the $1,620 difference through a CRT complaint.

The tribunal heard Kalynn purchased the $2,120 in clothing and toiletries "immediately on arrival at her destination, after realizing her bag was delayed." In total, she bought four pairs of shoes, six bottoms, five tops, a bathing suit, two bras, two pairs of underwear, three pairs of socks and toiletries.

"Air Canada argues the amount of clothing purchased for a two-day delay was excessive and unreasonable," Lopez wrote.

"Ms. Kalynn disagrees and says her six-day trip was fully scheduled and she required the items for different planned activities (gym workouts, a work conference, casual clothes for personal time, and a dressy outfit for a work dinner at a high-end restaurant)."

Lopez determined it was reasonable for Kalynn to purchase some clothes, but said some of the items weren't necessary.

"Even with the different activities, I find Ms. Kalynn has not adequately explained why she needed four pairs of footwear (in addition to what she wore on the plane) and six bottoms and five tops, even if she had to change her clothes during a day," Lopez's decision said.

Lopez also said the cost of some of the items was unnecessary, such as a pair of running shoes that cost $215 CAD. The bathing suit she purchased was $108 CAD and one of the bras was $98 CAD, both of which Lopez also determined were excessive.

In the end, Lopez decided Kalynn was entitled to a $1,200 reimbursement. Since $500 was already paid out by Air Canada, the airline owed another $700 in damages, plus about $70 in CRT fees and pre-judgement interest.