The respondent purchased a travel package but cancelled it due to her husband's illness.
After failing to obtain a refund from the travel wholesaler and her cancellation insurance, she applied to the Travel Industry Compensation Fund.
The Board denied her claim, but the Licence Appeal Tribunal allowed her appeal.
The Travel Industry Council of Ontario appealed to the Divisional Court.
The Court allowed the appeal, finding that under s. 57(3) 3 of O. Reg. 26/05, a customer is not entitled to reimbursement if the travel services were available but not received because of the customer's own act of cancellation.
The Tribunal's decision was set aside and the Board's decision denying the claim was restored.
