Air Canada appealed a Small Claims Court decision awarding damages to three passengers for delayed flights and denied boarding.
The Divisional Court first quashed the appeals against two of the passengers, holding that the $3,500 monetary threshold for appeals under s. 31(a) of the Courts of Justice Act applies to each plaintiff individually, not in aggregate.
Regarding the remaining passenger, the court dismissed Air Canada's arguments that the trial judge erred in applying the Montreal Convention and the Air Passenger Protection Regulations (APPR).
The court found that damages were properly awarded for delay under Article 19 of the Montreal Convention, and that standard compensation under s. 19 of the APPR was appropriate because Air Canada failed to offer alternative travel arrangements.
