Air Canada was ordered to pay a passenger $2,000 for delayed luggage. Instead, it’s taking him to court

Alaa Tannous was thrilled when the Canadian Transportation Agency (CTA) ruled in his favor, ordering Air Canada to compensate him and his wife, Nancy, $2,079 for delayed luggage after a flight from Toronto to Vancouver in 2022. After waiting over two years for a decision, Tannous felt that justice had been served. However, his excitement quickly turned to disbelief when Air Canada served him with court documents on Christmas Eve in an attempt to overturn the CTA’s decision.

This unexpected turn of events left Tannous feeling shocked and disappointed. He expressed his frustration at the airline’s decision to contest a relatively small compensation claim, especially after being a loyal customer for so many years. This is not an isolated incident, as Air Canada has challenged multiple CTA rulings in court in 2024, including a case involving passengers Andrew and Anna Dyczkowski in British Columbia.

The current system allows passengers and airlines to contest CTA decisions in Federal Court, but this process can be daunting for individuals like Tannous who cannot afford legal representation. Geoff White from the Public Interest Advocacy Centre (PIAC) highlighted the disadvantages passengers face when airlines choose to litigate, rather than focusing on improving customer service.

In Tannous’s case, Air Canada argued that the couple did not provide sufficient evidence to justify the amount spent on replacing items from their delayed suitcase. Despite the airline’s claims, Tannous maintained that their purchases were reasonable and in line with the CTA’s ruling. While Air Canada cannot comment on ongoing litigation, the CTA defended the current appeals process as an integral part of the Canadian justice system.

White suggested implementing a streamlined appeals process similar to the Commission for Complaints for Telecom-television Services (CCTS) to resolve disputes without resorting to costly court battles. He also emphasized the need for clearer regulations to prevent ambiguity and confusion in compensation claims. The CTA recently proposed amendments to strengthen the Air Passenger Protections Regulations, but the timeline for implementation remains unclear.

Tannous hopes that by sharing his story, he can raise awareness about the challenges passengers face when seeking compensation from airlines. He believes that changes are needed to ensure a fair and efficient process for resolving disputes and protecting passengers’ rights. As the legal battle continues, Tannous remains determined to advocate for a more transparent and consumer-friendly system in Canada’s air travel industry.