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ARTICLE · 10 MARCH 2022

Timing Is Everything: Airline Not Liable To Passengers Who Filed Late Baggage Complaint

Alexander Holburn Beaudin + Lang LLP
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On March 1, 2019, Mr. and Mrs. Olak (the "Passengers") travelled on an Air Canada flight from Vancouver to Delhi, India.

CanadaTransport

On March 1, 2019, Mr. and Mrs. Olak (the “Passengers”) travelled on an Air Canada flight from Vancouver to Delhi, India.  Upon their arrival in India, the Passengers' checked bags were missing.  The Passengers sued the airline in the BC Civil Resolution Tribunal (“CRT”) and sought damages to compensate them for clothing and other necessities that they were forced to purchase because their bags were delayed.  The Passengers also sought “non-material damages”.

The Passengers, who were travelling with a total of four checked bags, arrived in Delhi on March 2, 2019.  They alleged that they received three of their bags on March 10, 2019, and that they did not receive the fourth bag until March 20, 2019.  The fourth bag had arrived in Jalandhar, India on March 15, 2019, and was collected by family members, but the Passengers left earlier that day to travel to Delhi.  The Passengers argued that they did not have possession of the fourth bag until March 20, 2019, when they

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