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Nova Scotia couple takes Air Canada to small claims and wins

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Air Canada must pay a total compensation of $1,500 to a couple in Nova Scotia for a canceled flight in 2022


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< p class="StyledBodyHtmlParagraph-sc-48221190-4 hnvfyV">Nova Scotia Small Claims Court arbitrator orders Air Canada to compensate couple about a year and a half after flight cancellation.

The air carrier must pay $1,583.70 to Terry and Vicki Lynn Black, which includes compensation of $700 under the Air Passenger Protection Regulations as well as as interest and other charges.

I'm very happy with this decision and happy that we decided to continue, says Vicki Lynn Black.

The couple was scheduled to take a flight from Halifax to New York which included a stopover in Toronto on July 6, 2022, but a Once in Toronto, the couple learned that the rest of the flight was canceled due to crew constraints.

The couple secured a seat on an American Airlines flight and arrived in New York seven hours and 11 minutes later than planned.

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Terry and Vicki Lynn Black awarded total compensation of approximately $1,500 by a Nova Scotia Small Claims Court arbitrator following a canceled Air Canada flight in 2022 .

Even though Mr. and Mrs. Black didn't pay anything extra for this alternate flight, they did requested the compensation provided for by the Air Passenger Protection Regulations in the event of a delay of six to nine hours.

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Air Canada initially refused, saying that the cancellation of this flight was beyond its control or was caused by security reasons, which exempted it from paying the compensation. The carrier offered the couple two e-coupons for $300 each. The couple refused, and took their case to small claims court in November 2022.

In his decision, arbitrator J. Scott Barnett criticizes Air Canada for linking the cancellation of the flight to the COVID-19 pandemic. He points out that the pandemic was no longer a novelty in July 2022 and that the carrier could have planned appropriate alternatives.

Mr. Barnett indicated that Air Canada did not present any evidence at the hearing on September 26, 2023.

The decision is satisfactory for the couple who defended themselves in front of a large company.

I just thought that those who wouldn't bother doing it because it' #x27;is intimidating, here's some information and here's what probably sets a precedent that could give them the confidence to do it, says Vicki Lynn Black.

Air Canada says for its part that it is studying the arbitrator's decision.

The day before the last day of the hearing, Air Canada's lawyer offered the couple the full amount to which they were entitled on the condition of signing a confidentiality agreement, which is a common practice, but the complainants refused.

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Gábor Lukács is a defender of the rights of passengers in Canada. (Archive photo)

Gábor Lukács, president of the Travelers' Rights organization, congratulates the couple.

We always encourage passengers not to agree to any type of non-disclosure agreement. This is money the passenger is owed under the law and the airline should not be allowed to cover up its wrongdoing by simply compensating some victims, says Gábor Lukács.

He says he hopes all Canadian travelers will notice this decision.

Based on a report by Angela MacIvor , from CBC

Teilor Stone

By Teilor Stone

Teilor Stone has been a reporter on the news desk since 2013. Before that she wrote about young adolescence and family dynamics for Styles and was the legal affairs correspondent for the Metro desk. Before joining Thesaxon , Teilor Stone worked as a staff writer at the Village Voice and a freelancer for Newsday, The Wall Street Journal, GQ and Mirabella. To get in touch, contact me through my teilor@nizhtimes.com 1-800-268-7116