Air Canada passenger's reimbursement claim was excessive, B.C. tribunal rules

A sign for baggage claim is seen at Vancouver International Airport on July 31, 2022. (Shutterstock.com)

An Air Canada passenger's request for more than $1,500 in reimbursement for essentials he had to purchase while waiting for his delayed baggage to arrive was "excessive," B.C.'s small claims tribunal has ruled.

In a decision issued earlier this week, Civil Resolution Tribunal vice chair Andrea Ritchie awarded the passenger $500 in compensation instead. 

According to the decision, Raghuraman Kaneson flew from Singapore to Vancouver, via San Francisco, in June 2023. He checked two bags, but they did not arrive in Vancouver when he did. The decision indicates Air Canada delivered the bags to Kaneson 24 hours after his arrival.

The delay forced Kaneson to buy some essentials for use while awaiting his luggage, a fact Air Canada acknowledged in its submissions to the CRT.

The airline told the tribunal it offered Kaneson $210 in reimbursement, but the traveller refused that offer. He submitted receipts to the CRT for $1,533.12 worth of purchases, which Air Canada argued were "unnecessary and excessive."

The CRT decision includes a list of amounts Kaneson spent at various stores, including $431.02 at Banana Republic, $313.60 at Lululemon, $493.50 at Sephora, $159.04 at Topdrawers and $136.41 at Zara.

"In total, Mr. Kaneson purchased four pairs of socks, two pairs of underwear, two jockstraps, one pair of shorts, four pairs of pants, four shirts, and nearly $500 worth of toiletries, including $184.80 for cologne," Ritchie's decision reads.

"Mr. Kaneson says these items were the bare essentials. While I accept that at the time Mr. Kaneson purchased the item he did not know when his bags would be delivered, they were ultimately delayed only 24 hours."

According to the decision, Kaneson told the tribunal he had a dinner to attend on the night he arrived, and that he went to the gym the next morning.

"He did not explain any other activities he had planned before his bags were returned," the decision reads.

"I find it was reasonable for Mr. Kaneson to purchase a pair of pants and a shirt for dinner that evening, as well as some gym clothes and clothes for the next day. On a judgment basis, I find Air Canada must reimburse $400 for these items."

Ritchie also ordered Air Canada to reimburse Kaneson $100 for toiletries, deeming the nearly $500 he actually spent to be "excessive."

The tribunal vice chair noted that Kaneson could have mitigated his losses by returning any unused items to the stores where he purchased them after he received his bags, but did not do so.

"Mr. Kaneson has not adequately explained why he needed to keep all the items he purchased," the decision reads.

"I note that several of the receipts indicate return policies that would have allowed Mr. Kaneson to return items he had not yet used. I find it unlikely he had used all the items he purchased in the approximately 20 hours between purchase and when his bags were returned."

While Air Canada asked the tribunal to dismiss the case entirely, Ritchie declined to do so, ultimately awarding Kaneson $500 plus pre-judgment interest and half of his CRT filing fees, reflecting his partial success in the case.

The total award was $597.05.