No compensation after B.C. man says WestJet failed to deliver luggage to London

A WestJet logo is seen in the domestic check-in area at Vancouver International Airport, in Richmond, B.C., on Friday, May 19, 2023. THE CANADIAN PRESS/Darryl Dyck

A traveller who accused WestJet of failing to deliver his luggage during a weeks-long trip from Canada to the U.K. is not entitled to compensation, B.C.'s small claims tribunal has ruled.

That's because Keagan O'Donoghue missed a three-week deadline to file an official complaint in writing, as required under the Montreal Convention, an international treaty establishing airline liability for everything from flight delays to deaths.

The cautionary tale is outlined in a Civil Resolution Tribunal decision posted online Friday.

O'Donoghue told the tribunal he travelled from Vancouver to London on July 27, 2022, with connecting flights in Kelowna and Calgary – and that his checked bag never arrived at his destination, forcing him to buy replacement clothes and other necessities.

But the airline argued the traveller requested compensation "out of time," and tribunal member Micah Carmody agreed.

"Article 31 of the Montreal Convention provides a deadline of 21 days for Mr. O'Donoghue to complain in writing about the baggage delay," Carmody wrote.

"While I accept that there is merit to his underlying claim, the deadline in Article 31 of the Montreal Convention is mandatory. I do not have discretion to overlook or extend it."

Under the treaty, the countdown begins once a traveller's baggage is returned.

The tribunal heard O'Donoghue's luggage was delivered to his home on Aug. 10, 2022, and that he returned from his trip and retrieved the bag about two weeks later.

But WestJet said he didn't file an expense claim until Oct. 29 of that year. O'Donoghue requested $1,913 on behalf of himself and a fellow traveller whose luggage was also allegedly lost by the airline.

While O'Donoghue reported the missing bags at London's Heathrow Airport, Carmody found that does not constitute a "complaint" under the Montreal Convention.

"There is no other evidence that Mr. O’Donoghue contacted WestJet in writing at any time before (Oct. 29). This was well after the 21-day deadline," the tribunal member wrote. "I dismiss Mr. O’Donoghue’s claim."

WestJet passengers can report lost bags and request reimbursement through the airline's website.