The Canadian Transportation Agency awarded the passengers CA $2,079 for the late luggage, but Air Canada doesn’t want to pay.
Airlines don’t have the best reputation these days, but Air Canada has found a new way to add to frustrations. The airline is taking a passenger to court after the Canadian Transportation Agency (CTA) ordered it to pay him CA $2,079 ($1,465) for delayed luggage.
It has been a long-fought battle for Alaa Tannous. He and his wife flew from Toronto to Vancouver in 2022 for a weekend getaway when the airline lost their only suitcase. Tannous told the CBC that staff informed him they didn’t know where their bag was and advised the couple to spend a reasonable amount on necessities.
The couple submitted receipts totaling CA $3,435 ($2,420), but Air Canada offered just CA $250 ($176). Tannous then took the matter to the CTA, which ordered the airline to pay him CA $2,000. Air Canada is now challenging this decision. Tannous was served legal papers on Christmas Eve, adding to his frustration. “It’s disappointing to see the airline, after all the money I spent with them over the years, they’re appealing a $2,000 claim,” he said.
In court documents, the airline stated that the suitcase was delayed and handed over the day after the couple landed. It also claimed the couple failed to provide evidence to justify their purchases, including a pair of running shoes bought the day the luggage arrived and a monogrammed suitcase worth CA $1,130 ($796) purchased after the original suitcase was returned.
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Tannous, however, explained that the suitcase arrived without their knowledge after they had already left the hotel early. He said the replacement suitcase was purchased to transport their replacement items back home. He also noted that the CA $2,000 compensation covered only the items they bought, not the suitcase itself.
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The CTA is not named in the case. Since the original dispute was between the passenger and the airline, Air Canada served Tannous the court papers. However, the airline is not seeking legal costs. For Tannous, the hassle isn’t worth it. “There’s no point for me to waste more money,” he told CBC, adding that he won’t hire a lawyer to fight the case. Tom Oommen, director general responsible for regulatory affairs and communications at the CTA, explained that even if a passenger doesn’t appear in court, the court can still review all documents to determine if the CTA officer made the correct decision.
This isn’t the first time Air Canada has fought a judgment made by the CTA. In June 2022, the airline took Andrew and Anna Dyczkowski to Federal Court after the agency awarded them CA $2,000 ($1,409) for a delayed flight from Vancouver to Costa Rica in 2020. That case is still ongoing. The CTA sought permission to participate in the lawsuit, but the court denied the request.
Since the introduction of new CTA measures in 2023 to address the backlog of complaints, this is the fourth time a ruling has been challenged by an airline—and the second time for Air Canada. Geoff White, executive director of the Public Interest Advocacy Centre (PIAC), weighed in on the situation for CBC. He said the legal challenges put passengers at a disadvantage because many cannot afford to take on airlines or hire lawyers. White also criticized the airline for spending money on litigation instead of improving customer service.
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