Air Canada v. Canada (Transportation Agency)
Air Canada also carrying on business as Air Canada Rouge and as Air Canada Cargo (Air Canada)
Law Firm / Organization
Paterson MacDougall LLP
Lawyer(s)

Clay S. Hunter

Canadian Transportation Agency
Law Firm / Organization
Unrepresented
Christophe Scordo
Law Firm / Organization
Unrepresented

- Parties: The appellant was Air Canada also carrying on business as Air Canada Rouge and as Air Canada Cargo (Air Canada). The respondents were the Canadian Transportation Agency and Christophe Scordo. 

- Subject Matter: The Canadian Transportation Agency ruled that Air Canada failed to apply the terms and conditions of carriage under in its Tariff regarding carriers’ liability concerning baggage under s. 110(4) of the Air Transportation Regulations, S.O.R./88-58. It found that Scordo had a lost baggage claim under article 17(3) of the Montreal Convention since the baggage was returned to him over 21 days after the expected arrival date. It also found that Air Canada was responsible under article 17(2) for the lost baggage. Air Canada appealed under s. 41 of the Canada Transportation Act, 1996. 

- Ruling: The appeal court ruled in the appellant’s favour, allowed the appeal, and overturned the Agency’s decision. The appeal court held that the Agency erred in considering Scordo’s claim under articles 17(2) and 17(3). After the return of his luggage, the Agency could no longer treat the claim as one of lost luggage under article 17, the court found. Instead, Scordo’s claim was one of delay occasioned in the carriage of baggage under article 19, the court said. 

- Date: The hearing was set on Dec. 5, 2024. The court released its decision on Dec. 5, 2024. 

- Venue: This was a federal case before the Federal Court of Appeal. 

- Amount: The appeal court awarded no costs. 

Federal Court of Appeal
A-142-23
Transportation law
$ 0
Appellant
26 May 2023