Winnipeg couple takes Air Canada to court over delayed flights to Scotland

A Winnipeg couple is taking Air Canada to court, alleging flight delays and cancellations caused them to miss a day and a half of their Scotland vacation. 

In a statement of claim filed on Oct. 13, Nancy and Michael Finlayson are asking for $2,800 in damages for multiple flight delays and a cancellation of their flight from Toronto to Edinburgh, plus $2,300 for loss of use of their hotel and rented car.

The couple says they were originally supposed to depart from Winnipeg on July 31 and arrive in Edinburgh on Aug. 1, with a connecting flight in Toronto. 

However, their flight to Toronto was delayed by more than three hours, which caused them to miss their flight to Edinburgh, the suit says. 

Though they were rebooked on another flight from Toronto to Edinburgh that had them arriving later in the day, that flight was cancelled. 

The couple eventually arrived in Edinburgh the following day, 33 hours later than what they had planned. 

The delays caused the couple to lose out on a day and a half of their hotel and rented car, which they could not get reimbursed for, the lawsuit says. 

The couple requested compensation at the end of August, but haven't received it, the suit says. 

The lawsuit says the airline failed to compensate them in accordance with Canada's passenger rights charter, the Air Passenger Protection Regulations (APPR). Further, it claims the hotel and rental car losses were a result of the airline's negligence and breach of common law, contractual and statutory duties. 

Canada's passenger rights charter outlines different levels of financial compensation depending on how long your flight has been delayed and whether you're flying with a large or small carrier. 

For delays at arrival between three to six hours, large carriers are required to pay $400; if it's between six and nine hours, the amount is $700; and for delays of nine hours or more, it's $1,000. 

However, airlines do not have to pay if the change was required for safety purposes, such as a mechanical issue. 

The lawsuit doesn't specify the reasons for the flight delays. 

The allegations have not been tested in court and a statement of defence has not been filed.

A spokesperson for Air Canada says they are unable to comment on the allegations in the suit as it's now before the courts, but did say that international civil aviation treaties "expressly limit an air carrier's liability with respect to incidental expenses."

More passengers going through courts

More Canadians are turning to the courts to get compensation for delayed or cancelled flights as the agency responsible for enforcing compensation rules deals with a massive backlog. 

In one case, a Kelowna, B.C., couple took Air Canada to small claims court and won, after a flight delay stranded them and three family members in Vancouver for two days en route to Egypt.

The Manitoba Court of King's Bench registry shows close to two dozen small claims cases have been filed against Air Canada in the last year alone. 

The trend is concerning because it shows the federal government's efforts to streamline the complaints process aren't working, if people are getting frustrated and resorting to the legal system, said Omar Kaywan, co-founder of travel insurance company Goose Insurance. 

Kaywan said it will be interesting to see the outcome of this particular case, as Canada's passenger rights charter doesn't cover incidental expenses such as hotel fees. 

"The airline is not responsible if they have booked a cruise, paid concert tickets, hotels and accommodations at their destination that are non-refundable based on the air passenger protection rights. That is not included," he said. 

Gábor Lukács, president of non-profit advocacy group Air Passenger Rights Canada, says he thinks the couple was wise to take the airline to court instead of going through the Canadian Transportation Agency's complaint process, which he says has "turned a blind eye" to passengers' concerns. 

"So this passenger is doing the smart thing, which is recognizing that the government is not going to serve you," Lukács said.