FlyerTalk Forums - View Single Post - Air Canada and small claims court
View Single Post
Old Apr 14, 05, 7:50 pm
Join Date: May 2003
Programs: NZ Gold Elite, AP Diamond, Marriott Bonvoy Gold Elite, Nexus, Global Entry
Posts: 5,481
Anyone can take anyone/entity to small claims court in BC. A settlement hearing is called, happens in front of a judge, he judge does not pass judgement or make decisions, he/she tries to find some common ground, basically trying to keep it out of the main stream court system. The judge wil encourage the parties to figure things out between themselves. If their is no hope of settlement, the judge explains that the next step in BC Supreme Court, a trial, likely won't happen for a long time, huge expense incurred.... In other words tries to dissuade the two parties from going that route.
As to AC flying in a lawyer or rep, highly unlikely. Both times I was in small claimes court, I was the defendant, being represented by a Vancouver E&O lawyer who was their by way of speaker phone. In both cases the plaintiffs ran with their tails between their legs when they realised the possible ramifications of frivolous suits.
taupo is offline