Crab meat, fish cakes in luggage that was delayed for several days, traveller gets $780 from Flair Airlines

A suitcase is seen in on a luggage carousel in this undated photo. (Shutterstock)

A traveller who packed crab meat and fish cakes in his checked bag will receive hundreds of dollars from an airline after his luggage was delayed for several days, spoiling the products.

B.C.'s Civil Resolution Tribunal published a decision Thursday outlining a claim made by Brian Vu against Flair Airlines. On Nov. 6, 2022, the tribunal heard, Vu took a flight from B.C. to Ontario, but one of his checked bags didn't arrive at his final destination. The bag was delivered on Nov. 10. 

In that delayed bag, Vu submitted, was hundreds of dollars' worth of perishable items, including seafood.

"Mr. Vu packed crab meat, fish cakes, sea cucumbers, and dandelion root in his checked bag," tribunal member Peter Mennie wrote in his decision. "He says these items spoiled while the bag was delayed."

In civil disputes like Vu's, a decision is made based on the balance of probabilities, meaning Vu had to prove his claims were "more likely than not."

The tribunal heard Vu paid approximately $250 for crab meat, $120 for fish cakes, $80 for sea cucumbers and $72 for dandelion roots.

Flair Airlines didn't dispute the value of the items in the bag or that they spoiled. But the airline did argue its domestic tariff, which it says is its contract with passengers, says "a passenger cannot pack perishable items in their checked bags and that Flair is not liable for any spoilage of perishable items."

"Flair says that passengers must declare they are not carrying restricted items during the check-in process," Mennie wrote. "Flair also provided a screenshot of its website which says that perishable items must not be included in checked bags."

Mennie turned to the Montreal Convention, which he said states an airline is "liable for damage to checked baggage that occurs on board the aircraft or during any period within which the checked baggage was in the care of the airline."

In response, Flair argued it didn't damage Vu's bag, but "the items spoiled on their own," Mennie's decision said.

Mennie, however, didn't agree.

"I do not accept this argument," Mennie wrote, pointing to the Montreal Convention and Canada's Air Passenger Protection Regulations. "The Canadian Transportation Agency has repeatedly held that if an airline accepts checked baggage then the airline assumes liability for the baggage, even if the airline has not agreed to transport certain items."

Mennie also determined Vu was eligible for the $72.45 he paid Flair in baggage fees. APPR requires an airline to compensate travellers for fees if a checked bag is lost for less than 21 days.

In total, Vu was awarded just over $780 to cover baggage fees, spoiled items, CRT fees and pre-judgement interest.