A traveler who accused WestJet Airlines of failing to deliver a package during a multi-week trip from Canada to the United Kingdom is not entitled to compensation, a B.C. small claims court has ruled.
It comes as Keegan O’Donoghue missed a three-week deadline to lodge a formal written complaint as required by the Montreal Convention, an international treaty that sets out airline liability for everything from flight delays to death. Because of that.
This cautionary tale is outlined in a Civil Resolution Tribunal judgment posted online Friday.
O’Donoghue told the court that he traveled from Vancouver to London on July 27, 2022, with connecting flights in Kelowna and Calgary, but his checked baggage never arrived at his destination and he was unable to find replacement clothing or other items. He said he had no choice but to buy essential items.
But the airline argued, and tribunal member Micah Carmody agreed, that the traveler had requested compensation “overdue.”
“Article 31 of the Montreal Convention provides a 21-day time limit for Mr. O’Donoghue to lodge a written complaint about baggage delay,” Carmody wrote.
“While I accept that his fundamental argument has merit, the deadline in Article 31 of the Montreal Convention is essential. I do not have the discretion to override or extend it.”
Under the treaty, the countdown begins when travelers’ baggage is returned.
The court heard Ms O’Donoghue’s luggage was delivered to her home on August 10, 2022, and she retrieved the bag around two weeks after returning from her trip.
But WestJet said it did not submit the expense claim until October 29, 2017. Mr O’Donoghue sought $1,913 on behalf of himself and his fellow passenger, whose luggage was also allegedly lost by the airline.
Mr O’Donoghue reported his baggage missing at London’s Heathrow Airport, but Mr Carmody ruled that it did not amount to a “complaint” under the Montreal Convention.
“There is no other evidence that Mr. O’Donoghue contacted WestJet in writing prior to (October 29), which was well past the 21-day deadline,” tribunal members wrote. . “I reject Mr O’Donoghue’s claims.”
WestJet passengers can report lost baggage and request a refund. airline website.
