B.C. tribunal rules on case where a man had to board a cruise ship without his luggage
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.
CTVNews.ca Top Stories
Five years after toddler's brutal death, Northern Ont. family struggles to find peace, justice
A North Bay family is struggling to find peace and justice as the five-year anniversary of the brutal death of toddler Oliver McCarthy approaches.
Alberta RCMP officer charged with 2 counts of sexual assault
Const. Bridget Morla, a Leduc RCMP officer, has been charged with two counts of sexual assault in connection with an incident that happened two years ago.
Ontario dad removes hockey rink at heart of neighbour dispute
A Markham dad who drew the ire of neighbours and the city after installing a hockey rink in his backyard says the rink has now been taken down.
Kingston, Ont. doctor in 'disbelief' after being ordered to repay $600K for pandemic vaccination payments
An Ontario health tribunal has ordered a Kingston, Ont. doctor to repay over $600,000 to the Ontario government for improperly billing thousands of COVID-19 vaccinations at the height of the pandemic.
Three climbers from the U.S. and Canada are missing on New Zealand's highest peak
Three mountain climbers from the U.S. and Canada are missing after they failed to return from a planned ascent of New Zealand's highest peak, Aoraki, authorities said Tuesday.
Motivated by obsession: Canadians accused in botched California murder plot in police custody
Two Canadians are in police custody in Monterey County, California, after a triple stabbing police say was motivated by a B.C. man's obsession with a woman he played video games with online.
Trump demands immediate release of Oct. 7 hostages, says otherwise there will be 'HELL TO PAY'
President-elect Donald Trump is demanding the immediate release of the Israeli hostages still being held in Gaza, saying that if they are not freed before he is sworn into office there will be “HELL TO PAY."
Belly fat linked to signs of Alzheimer’s 20 years before symptoms begin, study says
As the size of a person’s belly grows, the memory centre of their brain shrinks and beta amyloid and tau may appear — all of this occurring as early as a person’s 40s and 50s, well before any cognitive decline is apparent, according to new research.
More RCMP and CBSA ‘human resources’ destined for border, Public Safety Minister LeBlanc says
Public Safety Minister Dominic LeBlanc says the federal government will 'absolutely' be adding more Canadian Border Services Agency (CBSA) and RCMP ‘human resources’ at the border.