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
RCMP uncovers plot to sell drones and equipment to Libya
The RCMP says it has uncovered a plot by two men in Montreal to sell Chinese drones and military equipment to Libya illegally.
Doctors ask Liberal government to reconsider capital gains tax change
The Canadian Medical Association is asking the federal government to reconsider its proposed changes to capital gains taxation, arguing it will affect doctors' retirement savings.
Demonstrators kicked out of Ontario legislature for disruption after failed keffiyeh vote
A group of demonstrators were kicked out of the legislature after a second NDP motion calling for unanimous consent to reverse a ban on the keffiyeh failed to pass.
BREAKING Man wanted in connection with deadly shooting in Toronto tops list of most wanted fugitives in Canada
A 35-year-old man wanted in connection with the murder of Toronto resident 29-year-old Sharmar Powell-Flowers nine months ago has topped the list of the BOLO program’s 25 most wanted fugitives across Canada, police announced Tuesday.
Tom Mulcair: Park littered with trash after 'pilot project' is perfect symbol of Trudeau governance
Former NDP leader Tom Mulcair says that what's happening now in a trash-littered federal park in Quebec is a perfect metaphor for how the Trudeau government runs things.
Keeping these exotic pets is 'cruel' and 'dangerous,' Canadian animal advocates say
Canadian pet owners are finding companionship beyond dogs and cats. Tigers, alligators, scorpions and tarantulas are among some of the exotic pets they are keeping in private homes, which pose risks to public safety and animal welfare, advocates say.
Cherry blossoms blooming in Canada: Here's what to know
There is a swaying sea of colour in some cities across Canada, and it's a sure sign of spring: cherry blossoms are in bloom.
Murder charges filed against U.S. woman who crashed into building hosting birthday party, killing 2 kids
A Michigan woman was charged Tuesday with second-degree murder and other crimes after prosecutors say she drunkenly smashed her SUV into a boat club that was hosting a birthday party, killing two young siblings and injuring several other people.
Toronto's police chief clarifies initial statement on Umar Zameer acquittal, says he 'accepts' jury's finding
Toronto's Chief of Police has clarified a statement that he'd hoped for "a different outcome" made just after Umar's Zameer acquittal, telling reporters Tuesday he supports and accepts the jury's finding in the five-week trial.