The British Columbia Civil Resolution Tribunal (the
"BCCRT") – the equivalent of the
Province's Small Claims Court – recently ruled in favour
of an air carrier, dismissing a passenger's claim for
compensation arising from an alleged fall sustained while exiting
the aircraft.
In its decision, the BCCRT considers and opines on what
constitutes an "accident" under Article 17 of the
Montreal Convention. This decision also provides helpful
guidance on the evidentiary requirements in personal injury
cases.
The Claim
The applicant in this case was a passenger on a flight operated
by the respondent air carrier, WestJet Airlines Ltd. on December
23, 2018, from Palm Springs, USA to Vancouver, Canada.
