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-   -   I am fed up with Air Canada and I am suing them (https://www.flyertalk.com/forum/air-canada-aeroplan/2002219-i-am-fed-up-air-canada-i-am-suing-them.html)

Steinbock Jan 1, 2020 10:53 pm

I am fed up with Air Canada and I am suing them
 
After experiencing an Air Canada screw up and countless number of hours spent on emails and telephone calls with the so called “Customer Service”, I am preparing a claim against Air Canadain Small Claims Court in British Columbia. Flight originating in YVR going to YQR. Couple of questions: Can anyone confirm AC legal business name, and address for the purposes of serving documents? Their web site mentions nothing of it. The agents are useless and not helpful...

Also, any other advice would be greatly appreciated!
Thank you in advance.

pitz Jan 1, 2020 10:59 pm

That's a tricky one, are you even sure your issue is with Air Canada, and not their contractor, Chorus Aviation?

Does BC Small Claims have jurisdiction to deal with a nationally registered interprovincial airline?

Does your issue more properly fall within the auspices of the Canadian Transportation Agency, as a violation of AC's tariff, the rules that legally define your relationship with Air Canada?

Maybe describe your issue here, anonymize the details if you want. We won't refer you to the Canadian industry's proverbial ambulance chaser Gabor Lukacs, but if you have a legitimate issue for which there is administrative or legal redress available, many of us have received reasonable satisfaction with various different methods.

canadiancow Jan 1, 2020 11:06 pm

I agree with pitz. It sounds like this was a Jazz flight, though it's not even clear to me who you'd sue in a case like that. It sounds like you're almost ready to file, at which point it would become "public" very quickly, so if you could share the actual claim details, we can probably provide a lot more guidance and ensure you're going after the correct entity.

YVR72 Jan 1, 2020 11:42 pm

So, you've made THREE posts in this forum and your last post was FIVE years ago. At the time you said you earn 500,000 Aeroplan miles per year.

You just flame Air Canada and you come back to this forum to ask Air Canada’s most loyal and influential customers how to sue their airline?

Nope.

canadiancow Jan 1, 2020 11:48 pm


Originally Posted by YVR72 (Post 31898748)
So, your last post was 5 years ago, and at the time you said you earn 500,000 Aeroplan miles per year. All of your posts are just flaming Air Canada and you come to this forum to ask Air Canada’s most loyal and influential customers how to sue their airline?

Nope.

Lots of people only come to FT when they have issues.

If someone has an actionable claim, I'd rather they come here for advice so that they can either be told to not bother, or go in to court prepared with the wisdom on this forum.

I've certainly helped someone sue AC before, and I'm quite happy to do it again.

Sopwith Jan 2, 2020 1:02 am

Before you go too far you might want to read the tariff, which is the de facto governing contract. You’ll find that it’s heavily stacked against you. If you still decide to proceed you will then find that the system is also heavily stacked against you.

But good luck. Sometimes you need to do these things just to get someone’s attention.

garykung Jan 2, 2020 1:20 am


Originally Posted by Steinbock (Post 31898627)
Couple of questions: Can anyone confirm AC legal business name, and address for the purposes of serving documents?

Per Corporations Canada:

Air Canada
7373 DE LA CôTE VERTU BLVD. WEST
SAINT LAURENT QC H4S 1Z3


Originally Posted by Steinbock (Post 31898627)
Also, any other advice would be greatly appreciated!

No advice can be given as literally nothing has been mentioned.


Originally Posted by pitz (Post 31898641)
Does BC Small Claims have jurisdiction to deal with a nationally registered interprovincial airline?

Yes. Based on the Court System, a provincial court is where OP should start the case.

YVR72 Jan 2, 2020 1:21 am


Originally Posted by canadiancow (Post 31898762)
Lots of people only come to FT when they have issues.

If someone has an actionable claim, I'd rather they come here for advice so that they can either be told to not bother, or go in to court prepared with the wisdom on this forum.

I've certainly helped someone sue AC before, and I'm quite happy to do it again.

Agreed, but when you read this post, do you think OP is actually looking for advice?

canadiancow Jan 2, 2020 1:22 am


Originally Posted by Sopwith (Post 31898883)
Before you go too far you might want to read the tariff, which is the de facto governing contract. You’ll find that it’s heavily stacked against you. If you still decide to proceed you will then find that the system is also heavily stacked against you.

But good luck. Sometimes you need to do these things just to get someone’s attention.

Just because a company puts something in a contract doesn't mean it's enforceable.

I highly advise OP to post the entire claim (as it will be public eventually) so that we can comment on it.

TBD Jan 2, 2020 6:32 am

Posting specific details here for discussion could be detrimental to a legal case.

RangerNS Jan 2, 2020 6:39 am


Originally Posted by TBD (Post 31899463)
Posting specific details here for discussion could be detrimental to a legal case.

Could be. But he isn't (or shouldn't be) asking for help on how to spring surprise witness on the court at trial.

We can tell him that after situations like X exactly 0 people have won at small claims or national tribunals, and save him the 10 hours of research (@$300/hr) a lawyer would take to tell him the same.

On the other hand, something about change and the unreasonable man.

TBD Jan 2, 2020 6:40 am


Originally Posted by RangerNS (Post 31899484)
We can tell him that after situations like X exactly 0 people have won at small claims or national tribunals, and save him the 10 hours of research (@$300/hr) a lawyer would take to tell him the same.

Perhaps a business opportunity, then. FT research for half the price. :)

Sean Peever Jan 2, 2020 6:51 am

https://cimg7.ibsrv.net/gimg/www.fly...df67378bd.jpeg

( you know, since Ryan is from BC )

lcohen999 Jan 2, 2020 8:07 am


Originally Posted by pitz (Post 31898641)

Maybe describe your issue here, anonymize the details if you want. We won't refer you to the Canadian industry's proverbial ambulance chaser Gabor Lukacs, but if you have a legitimate issue for which there is administrative or legal redress available, many of us have received reasonable satisfaction with various different methods.

LOL Well put!

Often1 Jan 2, 2020 9:33 am

There is a vast difference between posting the final draft of what is to be filed and asking for advice yet posting nothing of what is of concern.

OP came to FT to ask for information which is published on the Corporations Canada website for the exact reason that OP wants it.


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