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