B.C.’s Civil Resolution Tribunal has ordered Air Canada to pay a passenger $2,327 for delayed luggage that didn’t arrive in time for a Florida cruise departure.
Bruno Zunic told tribunal member Sarah Orr he flew on Air Canada from Vancouver to Orlando via Toronto on June 26, 2022.
However, by the time he boarded the nine-day cruise, his luggage had not arrived. He told the tribunal he did not receive it until after he had returned home.
Zunic claimed $5,000 for clothing and necessities he purchased during his trip.
Air Canada told Orr it had already paid Zunic the maximum compensation he was entitled to.
It was undisputed that Zunic arrived in Orlando at approximately 10 a.m. on June 27, 2022, and discovered that his checked bag would not be arriving in Orlando until 4 p.m. that day, an hour after his cruise departure.
Zunic completed a missing baggage report with Air Canada but his bag arrived at his Vancouver home on July 4, 2022.
“Mr. Zunic undisputedly did not arrive home from his trip and receive his bag until several days later,” Orr said.
Orr said Air Canada provided no evidence to prove it took all reasonable measures to avoid the damage, or that it was impossible to take such measures.
“I find it is liable to pay Mr. Zunic compensation for his delayed baggage,” Orr said.
On March 22, 2023, Air Canada undisputedly sent Zunic an e-transfer for $2,220 and told Orr that it owes him nothing further. Zunic submitted an email showing he didn’t accept the payment and let the e-transfer expire.
"Air Canada did not respond to this piece of evidence,” Orr said.
“So, I am satisfied that Mr. Zunic did not receive Air Canada’s payment of $2,220.09.”
Moreover, Orr said, “Mr. Zunic was undisputedly travelling without his bag for over a week and had very limited time to purchase anything between the time he learned in Orlando that his baggage was delayed until he was required to board the cruise. He undisputedly had no access to laundry facilities during his trip.”
As a result, the tribunal ruled, Zunic was entitled to the maximum compensation allowable.
“So, I find Air Canada must pay Mr. Zunic $2,327.04 as compensation for his delayed baggage,” Orr said.
