A traveller who accused WestJet of failing to deliver his luggage during a weeks-long trip from Canada to the U.K. is not entitled to compensation, B.C.’s small claims tribunal has ruled.
That’s because Keagan O’Donoghue missed a three-week deadline to file an official complaint in writing, as required under the Montreal Convention, an international treaty establishing airline liability for everything from flight delays to deaths.
The cautionary tale is outlined in a Civil Resolution Tribunal decision posted online Friday.
O’Donoghue told the tribunal he travelled from Vancouver to London on July 27, 2022, with connecting flights in Kelowna and Calgary – and that his checked bag never arrived at his destination, forcing him to buy replacement clothes and other necessities.
But the airline argued the traveller requested compensation “out of time,” and tribunal member Micah Carmody agreed.
“Article 31 of the Montreal Convention provides a deadline of 21 days for …