A Vancouver Island family has been awarded $3,000 under the new federal air passenger protection rules on a flight they took from Comox to Fort Lauderdale on Air Canada. THE CANADIAN PRESS/Nathan Denette

A Vancouver Island family has been awarded $3,000 under the new federal air passenger protection rules on a flight they took from Comox to Fort Lauderdale on Air Canada. THE CANADIAN PRESS/Nathan Denette

B.C. family wins landmark tribunal case against Air Canada

“I feel a little bit like it was David versus Goliath.”

A Vancouver Island family has been awarded $3,000 under the new federal air passenger protection rules for a pre-pandemic trip from Comox to Fort Lauderdale on Air Canada.

In a Jan. 28 decision in the province’s Civil Resolution Tribunal (an administrative tribunal that has jurisdiction over small claims under $5,000, strata property disputes, motor vehicle accident injury claims and others) ordered the airline to pay Robert McNabb, Adrianne McNabb and their son Jonathan McNabb $3,000 in damages, and $159 in interest and fees.

The Air Passenger Protection Regulations (APPR) came into effect Dec. 15, 2019, and since the family travelled after the federal law came into effect, the APPR could apply, noted tribunal member Rama Sood in her decision.

In July 2019, the McNabbs, who live in the Comox Valley, booked roundtrip flights with Air Canada from Comox to Fort Lauderdale, Fla., which left on Dec. 31, 2019 and was set to return to the Valley Jan. 13, 2020. Their itinerary called for connecting flights in Vancouver and Montreal during both the flight out and return flight.

Upon their return to Canada, the McNabb’s flight from Montreal to Vancouver was delayed, which caused them to miss their connecting flight into Comox – the last flight of the day. They stayed overnight in Vancouver and flew out the following day; Air Canada did not pay for their accommodation, meals or transportation.

RELATED: Airlines failed to prepare adequately for new passenger rights charter: report

In the decision, Sood noted the McNabbs say the flight delay was within Air Canada’s control since it was due to staffing issues. Air Canada denied the delay was due to staffing issues and noted the one hour and 13-minute delay (the flight was delayed twice) was due to situations outside of its control.

The airline added it was only obligated to rebook the McNabbs’ flight to Comox, which it did. They also offered the McNabbs a 15 per cent promotional code as a goodwill gesture, which they declined.

While she agreed with some of the reasons for the initial delay, Sood said Air Canada’s reasons for the second delay were vague.

“On Jan. 13, it stated the delay was ‘due to additional preparation time,’ and then on Jan. 20 it stated the delay was ‘due to scheduling issues.’ It now says the delay was due to the crew’s flight to Montreal arriving late due to mechanical failure. Air Canada did not explain what the mechanical failure was and so I find it has not proved the delay was beyond its control, or within its control but due to safety purposes … I find the second delay within Air Canada’s control,” she wrote.

According to a rule within the APPR for provisions for delays, Sood noted the McNabbs are entitled to receive compensation of $1,000 each.

“I feel a little bit like it was David versus Goliath,” said Robert from his Royston home. “My hope was (going into this) was win or lose, we could come out of this with a way to tighten up air passenger regulations.”

He originally went through a complaint process directly with Air Canada upon their return to the Comox Valley, and “the results came back less than satisfactory – it was quite maddening.”

He and his family then decided to file the formal complaint to the Civil Resolution Tribunal in late summer 2020.

While he is delighted by the result, Robert admitted he fully expects Air Canada will object to the decision and will take the case to provincial court. Unlike in court, decisions made in the tribunal are not relied upon as ‘case law.’

If the case does go to court, Robert said he will consult with advocate Gábor Lukács who runs the Air Passenger Rights website and has filed more than two dozen successful complaints with the Canadian Transportation Agency.

To see the full decision, visit the CRT website: https://bit.ly/2Ldn1Bb



photos@comoxvalleyrecord.com

Like us on Facebook and follow us on Twitter

Just Posted

A tent housing a mobile vaccination clinic. (Interior Health/Contributed)
Second dose vaccinations accelerating throughout region: Interior Health

To date, more than 675,000 doses have been administered throughout the region

Okanagan Lake (File photo)
Thompson-Okanagan ready to welcome back tourists

The Thompson-Okanagan Tourism Association expects this summer to be a busy one

Aerial view of a wildfire at 16 Mile, 11 kilometres northwest of Cache Creek, that started on the afternoon of June 15. (Photo credit: BC Wildfire Service)
Wildfire at 16 Mile now being held

Wildfire started on the afternoon of June 15 at 16 Mile, east of Highway 97

The Desert Daze Music Festival is doggone good fun, as shown in this photo from the 2019 festival, and it will be back in Spences Bridge this September. (Photo credit: Barbara Roden)
‘Best Little Fest in the West’ returning to Spences Bridge

Belated 10th anniversary Desert Daze festival going ahead with music, vendors, workshops, and more

Internet speed graphic, no date. Photo credit: Pixabay
Study asks for public input to show actual internet speeds in B.C. communities

Federal maps showing Internet speeds might be inflated, so communities lose out on faster Internet

People line up to get their COVID-19 vaccine at a vaccination centre, Thursday, June 10, 2021 in Montreal. THE CANADIAN PRESS/Ryan Remiorz
Vaccines, low COVID case counts increase Father’s Day hope, but risk is still there

Expert says people will have to do their own risk calculus before popping in on Papa

FILE – A science class at L.A. Matheson Secondary in Surrey, B.C. on March 12, 2021. (Lauren Collins/Surrey Now Leader)
Teachers’ union wants more COVID transmission data as B.C. prepares for back-to-school

BCTF says that details will be important as province works on plan for September

Provincial health officer Dr. Bonnie Henry outlines B.C.’s COVID-19 restart plan, May 25, 2021, including larger gatherings and a possible easing of mandatory masks on July 1. (B.C. government photo)
B.C. records 120 new COVID-19 cases, second vaccines accelerating

Lower Pfizer deliveries for early July, Moderna shipments up

A Heffley Creek peacock caught not one - but two - lifts on a logging truck this month. (Photo submitted)
Heffley Creek-area peacock hops logging trucks in search of love

Peacock hitched two lifts in the past month

The Calgary skyline is seen on Friday, Sept. 15, 2017. THE CANADIAN PRESS/Jeff McIntosh
2 deaths from COVID-19 Delta variant in Alberta, 1 patient was fully immunized

Kerry Williamson with Alberta Health Services says the patients likely acquired the virus in the hospital

The first suspension bridge is the tallest in Canada, with a second suspension bridge just below it. The two are connected by a trail that’s just over 1 km. (Claire Palmer photo)
PHOTOS: The highest suspension bridges in Canada just opened in B.C.

The Skybridge in Golden allows visitors to take in views standing at 130 and 80 metres

BC Green Party leader and Cowichan Valley MLA Sonia Furstenau introduced a petition to the provincial legislature on Thursday calling for the end of old-growth logging in the province. (File photo)
BC Green leader Furstenau introduces old-growth logging petition

Party calls for the end of old-growth logging as protests in Fairy Creek continue

B.C. Premier John Horgan leaves his office for a news conference in the legislature rose garden, June 3, 2020. (B.C. government photo)
B.C. premier roasted for office budget, taxing COVID-19 benefits

Youth addiction law that triggered election hasn’t appeared

A vial containing the Moderna COVID-19 vaccine is shown at a vaccination site in Marcq en Baroeul, outside Lille, northern France, Saturday, March 20, 2021. THE CANADIAN PRESS/AP/Michel Spingler
mRNA vaccines ‘preferred’ for all Canadians, including as 2nd dose after AstraZeneca: NACI

New recommendations prioritizes Pfizer, Moderna in almost all cases

Most Read