B.C. woman rejects Air Canada's compensation for delayed luggage, wins in court | iNFOnews | Thompson-Okanagan's News Source
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B.C. woman rejects Air Canada's compensation for delayed luggage, wins in court

Image Credit: FACEBOOK: Air Canada

A B.C. woman has won an extra $700 in compensation after she took Air Canada to the small claims court saying the $500 it gave her wasn't enough to cover her expenses after a two-day delay in getting her luggage.

According to a July 15 Civil Resolution Tribunal decision, Jessica Kalynn flew Air Canada from Vancouver to Dubai for a six-day business trip in September 2021.

However, Kalynn's luggage missed her connecting flight and while it wasn't lost, she was told it would arrive two days later.

Kalynn then spent $2,120 on clothing and toiletries for her trip.

According to the decision she bought four pairs of footwear, six bottoms, five tops, a bathing suit, two bras, two pairs of underwear and a three-pack of socks plus toiletries.

The runners cost $205, the bra $98 and the bathing suit $108.

Once home Kalynn filed a complaint with Air Canada and the airline issued $500 in compensation.

However, she then took Air Canada to the small claims court arguing as it had only given her $500 it owed her a further $1,620 to make up the difference.

According to the decision, under federal laws about lost luggage, the maximum amount is $2,200.

READ MORE: Court rules receipts not needed as B.C. student wins case against airline

Air Canada argued the amount of clothing Kalynn purchased for a two-day delay was "excessive and unreasonable."

Kalynn disagreed arguing that her six-day trip had an itinerary and required different items for different activities: gym workouts, a work conference, casual clothes for personal time, and a "dressy outfit for a work dinner at a high-end restaurant."

The Tribunal ruled that while Kalynn needed some different clothes and shoes for different activities some of her purchases were excessive for a two-day delay.

"I find Ms. Kalynn has not adequately explained why she needed four pairs of footwear – in addition to what she wore on the plane – and six bottoms and five tops, even if she had to change her clothes during a day," the Tribunal ruled.

The Tribunal ruled four tops and four bottoms were reasonable, along with two pairs of shoes – one pair of runners and one pair of dress shoes.

The Tribunal found the $108 swimsuit and the $98 bra, and the $215 runners were "excessive."

The Tribunal then ruled that $1,200 was a reasonable amount to cover this two-day delay and as Air Canada had already issued $500 the airline needed to pay an extra $700 in damages.

READ MORE: B.C. judge approves class action lawsuit against WestJet over baggage fees


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