Image Credit: FACEBOOK: Flair Airlines

A Canadian airline that demanded to see receipts before it would reimburse a student for her lost bag, has been forced to pay-up after the small claims court ruled it was "unreasonable" to expect passengers to have a receipt for every item in a suitcase.

Flair Airlines had stipulated that Alaura Hulewicz submit receipts in order for it to compensate her after it admitted to losing her bag on a flight between Edmonton and Vancouver in March 2020.

However, Hulewicz found that to be "an inappropriate solution" and filed a small claims case online with the Civil Resolution Tribunal instead of going through the Canadian Transportation Agency.

B.C.'s Civil Resolution Tribunal was launched in 2016 as an online dispute resolution service that has jurisdiction over small claims disputes.

According to the March 16 Civil Resolution Tribunal decision, Flair Airlines argued the issue didn't fall under the Tribunal's jurisdiction and the matter had to be dealt with by the Canadian Transportation Agency.

The Tribunal disagreed saying that while the Canadian Transportation Agency could deal with the complaint, that didn't give them exclusive jurisdiction over claims about lost baggage.

The Tribunal referenced a case from January where a passenger won a partial victory against Air Canada using the Tribunal. 

The case highlights that the online court can be used for certain disputes with airlines instead of going through the federal agency.

While it's unclear if the Canadian Transportation Agency would have dealt with the case differently, the Tribunal quickly rejected the airline's argument that receipts were needed.

"(Hulewicz) provided a detailed spreadsheet listing each item they lost. I find the applicant’s evidence about the items is reliable," the decision reads. "One does not pack a bag anticipating the bag being lost."

The Tribunal references limits on compensation set out in Air Passenger Protection Regulations which put lost baggage in Canada at a maximum of $2,322.

Hulewicz had claimed for $2,325, plus $98 for necessities the day her bag was lost, and $105 to refund the baggage fee she paid. 

Flair argued the passenger was only due $50 to cover necessities the day her bag was lost, but the Tribunal dismissed that defence and stated the airline had failed to submit the contract in evidence.

Ultimately, the Tribunal ruled Flair Airlines must pay $1,635 for the lost items, deducting 30 per cent from the amount claimed for toiletries as Hulewicz admitted her makeup and hygiene products had been partially used.

The Tribunal also says it can't award for sentimental value, as the passenger had claimed an undisclosed amount for a book signed by the author and a piece of jewellery.

Ultimately, the Tribunal ordered Flair Airlines to pay a total $1,977, including the Tribunal's $125 fee, almost one year to the day that it lost the bag.

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