Upset allegedly bumped customer takes AC to small claims court
Mar 22, 2014, 5:22 pm
#46
Join Date: Dec 2001
Posts: 3,181
I sued AC in Small Claims Court and I was not banned. Flew with them again from London to Halifax.
They never found my suitcase on a Geneva to New York trip via YUL.
After 2 months they offered me $1,100 in compensation though the max is $1,600.
Thanks to Small Claims Court I got my $1,600.
They never found my suitcase on a Geneva to New York trip via YUL.
After 2 months they offered me $1,100 in compensation though the max is $1,600.
Thanks to Small Claims Court I got my $1,600.
Mar 22, 2014, 10:52 pm
#47
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In Ontario the one time I had to do it 4 or 5 years ago the fee was $75. There was something in the literature I read which suggested you could not recover this fee as part of your suit, but I may be incorrect or may have misread that.
Regardless of the outcome here, I think it can only prove useful to use the courts when the conduct of Air Canada is unreasonable and its even marginally appropriate to do so. Look at it this way - if these nuisance lawsuits start costing more money than setting up reasonable policies and compensation, then more reasonable policies and compensation will follow. It's always about the bottom line in the airline business these days.
But it irritates me to need to become what feels more American in the way these disputes are being resolved.
Regardless of the outcome here, I think it can only prove useful to use the courts when the conduct of Air Canada is unreasonable and its even marginally appropriate to do so. Look at it this way - if these nuisance lawsuits start costing more money than setting up reasonable policies and compensation, then more reasonable policies and compensation will follow. It's always about the bottom line in the airline business these days.
But it irritates me to need to become what feels more American in the way these disputes are being resolved.
Hopefully, the compensation set out is independent to Air Canada's whims.
One should be able to recover costs in a suit. Court rules should change.
In Alberta where I live, the filing fee for small claims are as follows..
◾Claims up to $7,500 have a $100 filing fee.
◾Claims over $7,500 and up to $25,000 have a $200 filing fee.
◾Claims over $7,500 and up to $25,000 have a $200 filing fee.
Mar 24, 2014, 6:47 am
#48
Join Date: Dec 2009
Location: IAD
Posts: 319
I have to agree with this. If they offered him a settlement and he decided to pursue litigation: (1) is he going to ask for more than he was offered and (2) if not, is he going to be willing to pay AC's attorney fees? At this point, this is a frivolous lawsuit.
Mar 24, 2014, 6:55 am
#49
Join Date: Dec 2012
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Very interesting. I thought with many civil cases up to $5,000, that if you "won" the verdict, the next problem would be trying to get paid.
Due to jurisdiction having AC in PQ, you would have to have a lawyer file and homologate your case. Was this your experience?
Due to jurisdiction having AC in PQ, you would have to have a lawyer file and homologate your case. Was this your experience?
I sued AC in Small Claims Court and I was not banned. Flew with them again from London to Halifax.
They never found my suitcase on a Geneva to New York trip via YUL.
After 2 months they offered me $1,100 in compensation though the max is $1,600.
Thanks to Small Claims Court I got my $1,600.
They never found my suitcase on a Geneva to New York trip via YUL.
After 2 months they offered me $1,100 in compensation though the max is $1,600.
Thanks to Small Claims Court I got my $1,600.
Last edited by altitude75k; Mar 24, 2014 at 6:56 am Reason: and
Mar 24, 2014, 7:45 am
#50
Join Date: Oct 2009
Location: YUL
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I sued AC in Small Claims Court and I was not banned. Flew with them again from London to Halifax.
They never found my suitcase on a Geneva to New York trip via YUL.
After 2 months they offered me $1,100 in compensation though the max is $1,600.
Thanks to Small Claims Court I got my $1,600.
They never found my suitcase on a Geneva to New York trip via YUL.
After 2 months they offered me $1,100 in compensation though the max is $1,600.
Thanks to Small Claims Court I got my $1,600.
Mar 24, 2014, 8:09 am
#51
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AC deny he was bumped. They did not offer anything.
Mar 24, 2014, 8:50 am
#52
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Now if it was Joe Scmoe's private airline, whose runway was in his back yard, the claimant is more likely going to have to send the judgement to collections.
Mar 24, 2014, 10:37 am
#53
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I would file a seizure for sale of a plane they own (if there's any left that aren't leased). They could have the rest of the money after I sold it
(just kidding I'm sure there must be some kind of reasonable limitation on it).
Last edited by atsak; Mar 24, 2014 at 1:10 pm
Mar 24, 2014, 11:37 am
#54
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Don't laugh. These things have happened. Near-bankrupt airlines not paying for fuel. Plane seized at some remote location.
Mar 24, 2014, 1:09 pm
#55
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Again, that's disappointing though. There should be some kind of common sense applied.
Mar 25, 2014, 7:53 am
#56
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http://abcnews.go.com/Business/bank-...ry?id=13775638
Mar 29, 2014, 7:10 pm
#57
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Or you could forclose on one of their offices, like one guy did with BoA:
http://abcnews.go.com/Business/bank-...ry?id=13775638
http://abcnews.go.com/Business/bank-...ry?id=13775638
Mar 29, 2014, 9:03 pm
#58
Join Date: Jul 2010
Posts: 2,108
http://www.canada.com/topics/bodyand...4-b347396a6f6f
http://www.nationalreviewofmedicine....tice02_16.html
http://www.canadianmedicinenews.com/...emergency.html
Last edited by OliverB; Mar 29, 2014 at 9:16 pm
Mar 30, 2014, 6:20 am
#59
Join Date: Dec 2012
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Sadly atsak, if the person who lost in small claims court is living in PQ and the plaintiff lives in another province, there is nothing that can be done and no assets can be seized unless that person lives in the province that the case was settled. It becomes a useless victory. And the scammer can remain in PQ with not even a slap on the wrist.
If you don't get paid within a reasonable amount of time you can file for a seizure of assets or bank accounts to get your money. It's another $75 or something I think in Ontario. I didn't have to do that in the case I filed - as soon as I filed and served the respondent with the suit he wrote me a cheque.
I would file a seizure for sale of a plane they own (if there's any left that aren't leased). They could have the rest of the money after I sold it (just kidding I'm sure there must be some kind of reasonable limitation on it).
I would file a seizure for sale of a plane they own (if there's any left that aren't leased). They could have the rest of the money after I sold it
(just kidding I'm sure there must be some kind of reasonable limitation on it).
Mar 30, 2014, 6:53 am
#60
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Sadly atsak, if the person who lost in small claims court is living in PQ and the plaintiff lives in another province, there is nothing that can be done and no assets can be seized unless that person lives in the province that the case was settled. It becomes a useless victory. And the scammer can remain in PQ with not even a slap on the wrist.
Sections 785 and 786 of Quebec's Code of Civil Procedure provide for recognition and enforcement of the judgments of other Courts.