I am fed up with Air Canada and I am suing them
Jan 3, 2020, 12:10 am
#61
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Jan 3, 2020, 10:12 am
#62
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I dont have a lawyer involved.
And I am reasonably familiar with the small claims process. Getting my evidence together right now and labeling it, I should be ready to mid next week.
As someone mentioned, a higher up participation from AC on this would avoid any of this. Let the dice fall as it may...
Jul 10, 2020, 6:32 pm
#65
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An update.
I have filed the paper work with the courts and AIr Canada has been served.
2 phone calls and 2 emails later they offered a partial refund which i have declined.
Then Covid happened. Going to court to find out an approximate hearing date this coming Monday.
I have filed the paper work with the courts and AIr Canada has been served.
2 phone calls and 2 emails later they offered a partial refund which i have declined.
Then Covid happened. Going to court to find out an approximate hearing date this coming Monday.
Jul 10, 2020, 7:42 pm
#66
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Only a partial refund? What was their logic to that (if they offered you any)?
Jul 10, 2020, 8:22 pm
#67
Join Date: Feb 2013
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In Ontario you'd first be called to a mandatory settlement conference before any trial during which both parties are encouraged to make a deal. Both sides would be given an opinion by the arbitrator on their chances of success at trial. Is it the same in BC?
Jul 10, 2020, 8:47 pm
#68
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Best of luck!
AC may decide to make a full offer just before trial or they may decide to tough it out and call your bluff. I hope you prevail.
AC may decide to make a full offer just before trial or they may decide to tough it out and call your bluff. I hope you prevail.
Last edited by Jagboi; Jul 10, 2020 at 10:00 pm
Jul 10, 2020, 10:08 pm
#69
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yes, same in BC
Jul 10, 2020, 10:10 pm
#70
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I am seeking exemplary damages and compensation for lost time. So it will not be easy, but I am, based on the evidence and their reply, very optimistic
Jul 10, 2020, 11:29 pm
#71
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Small Claims judges are usually conservative in ruling because they deal with pro se all the time. So unless the evidence is very convincing, such as Air Canada employed an unlicensed pilot to fly the plane and caused injuries, Small Claims judges are unlikely to issue a judgment with punitive damages unless it is statutory required.
Based on what you have posted so far, it is an overcharge By Air Canada. So to be honest, your chance getting punitive is very low.
Also , when AC said a partial refund, was that the amount overcharged or a partial of it? Keep in mind, if you have ever traveled on the premium class because of the paid upgrade, you are not supposed to get that portion back.
Don't forget - in the unlikely event that the court actually awards you punitive damages, the total damages will not exceed the Small Claims maximum.
Jul 11, 2020, 12:22 am
#72
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As for the rest of your statement, it's incorrect (and also somewhat self-contradictory). Unless someone is throwing darts at randomly-generated numbers on a dartboard, there's always logic to an amount offered in any negotiation (litigation or otherwise). Even "this is as little as I think this person will accept" is a form of logic, and is usually based on some sort of analysis of the situation, and why that person would accept that amount.
If the OP's case is as clear cut as (s)he has portrayed it, it seems odd that AC's lawyers would continue to waste their time on litigating the case rather than just repaying the overcharge. Either they're tilting at windmills or there's more to the story than the OP has told us.
The former is not impossible - look at the ridiculous case of the guy who was IDBed off his YVR-YXY flight, with AC claiming he missed his inbound YYZ-YVR that he clearly did make - but the latter is generally more plausible. I'd like to know more and was asking the OP to share some of the context.
Last edited by Adam Smith; Jul 11, 2020 at 1:15 am Reason: Corrected typo
Jul 11, 2020, 7:49 am
#73
Join Date: Jul 2003
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The issue is actually very simple. I bought an upgrade to a business class for two people. The gate clerk swiped my credit card 4 times, claiming the transactions timed out. They did not, all transactions were posted to my credit card. So I paid 4 times for the same purchase.
I have submitted the claim for a refund several times, besides receiving a canned email response, they were ignored. Countless telephone calls were met with "Please start an online case, we cannot help help you over the phone". After 7 months of this, I WILL sue them.
As for other questions:
The boarding pass clearly says "Air Canada" but the flight was operated by Jazz. I am not sure if that makes a difference, hence my post asking for help.
And yes, I am looking for all the help I can get.
I also realize that the odds are usually stacked against the consumer, however Air Canada has zero chances of winning this case as I have every piece of documentation and evidence needed.
Those who wish to help - please do. I will post an update as the case proceeds.
I have submitted the claim for a refund several times, besides receiving a canned email response, they were ignored. Countless telephone calls were met with "Please start an online case, we cannot help help you over the phone". After 7 months of this, I WILL sue them.
As for other questions:
The boarding pass clearly says "Air Canada" but the flight was operated by Jazz. I am not sure if that makes a difference, hence my post asking for help.
And yes, I am looking for all the help I can get.
I also realize that the odds are usually stacked against the consumer, however Air Canada has zero chances of winning this case as I have every piece of documentation and evidence needed.
Those who wish to help - please do. I will post an update as the case proceeds.
Jul 11, 2020, 8:34 am
#74
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Jul 11, 2020, 6:09 pm
#75
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I wasn't asking for analysis of AC's internal rationale, I was asking whether AC offered any explanation to him/her during the discussion of the offer, which is something that many people do (and with two e-mails and two phone calls, it seems likely that the AC rep would have said something).
As for the rest of your statement, it's incorrect (and also somewhat self-contradictory). Unless someone is throwing darts at randomly-generated numbers on a dartboard, there's always logic to an amount offered in any negotiation (litigation or otherwise). Even "this is as little as I think this person will accept" is a form of logic, and is usually based on some sort of analysis of the situation, and why that person would accept that amount.
You may be able to find a logic after analyzing the settlement after the fact. But the settlement by itself has no logic.
I stand correct.