B.C. tribunal rules on case where a man had to board a cruise ship without his luggage

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Air Canada has been ordered to pay over $2,300 to a man whose luggage didn’t arrive before he set off on a nine-day cruise.

B.C.'s Civil Resolution Tribunal posted its ruling on the dispute Monday, awarding the traveller the maximum allowed for delayed luggage.

Last year, Bruno Zunic travelled from Vancouver to Orlando on an Air Canada flight, the decision says. When he landed, he learned his baggage had been delayed and would arrive an hour after he was scheduled to depart.

"Mr. Zunic was undisputedly traveling without his bag for over a week and had very limited time to purchase anything between the time he learned in Orlando that his baggage was delayed until he was required to board the cruise. He undisputedly had no access to laundry facilities during his trip," tribunal member Sarah Orr wrote.

Because the luggage delay was admitted, the issue facing the tribunal was compensation.

"Air Canada is liable for damage caused to Mr. Zunic by delayed baggage unless it can prove it took all reasonable measures to avoid the damage, or that it was impossible to take such measures. Air Canada provided no such evidence," the decision continues.

Zunic claimed $5,000, saying that was what he spent on clothing and other necessities while on his vacation. Orr notes that Zunic submitted receipts totalling $3,418.04 USD.

The airline, for its part, said it had already paid $2,220.09 CAD to Zunic and that the claim was therefore moot.

While evidence showed that the airline had sent an e-transfer to Zunic, the decision says Zunic did not accept the payment.

In deciding to award Zunic $2,327.04 CAD, Orr explained that this is the maximum per-person amount allowed for delayed baggage under the Montreal Convention, which is an "international treaty with the force of law in Canada" that "limits the scope and type of claim a person can make against an airline carrier like Air Canada."

Zunic was also awarded $9.47 in pre-judgment interest and $175 in CRT fees.