Rochon Genova LLP Successfully Challenges Appeal by Air Canada in Baggage Claim Matter
A family of 4 was traveling from Bogota, Columbia to Toronto, Canada on an Air Canada flight with a stop-over in Miami in August 2016. They checked 8 pieces of luggage at the Air Canada Counter in Miami. When the family arrived in Toronto, 5 pieces of luggage were missing. They eventually received 1 of the 5 missing bags, however, the 4 remaining bags were never delivered to the passengers, despite the bags arriving in Toronto.
They filed a baggage declaration of loss for the 4 missing luggage and their contents.
At a Small Claims Court trial in March 2018, the Court awarded damages to the family for the loss of the 4 missing luggage pursuant to the allowable maximum under the Montreal Convention.
Air Canada attempted to appeal the Small Claims Court decision to the Divisional Court, however, the appeal was dismissed in February 2019.
Despite their loss at the Divisional Court, Air Canada sought leave to appeal the matter once again, this time to the Court of Appeal. Given the “David vs. Goliath” battle that was brewing, the passengers sought the assistance of Rochon Genova LLP. In light of the alleged unfairness of Air Canada’s position, Rochon Genova LLP agreed to act for the passengers based on their principled approach of helping those in need of access to justice.
In July 2019, Rochon Genova LLP successfully challenged Air Canada’s leave to appeal, with costs payable by Air Canada to the passengers.