Timed Out

The Supreme Court of Nova Scotia recently reaffirmed a lower court decision, Paine v. Air Canada, 2018 NSSC 215, which considered Air Canada's passenger tariff (terms and conditions of travel). The court ruled that Air Canada was not required to compensate passengers who were denied boarding when they presented themselves at the check-in counter after the cut off time due to a lengthy line-up.

Three passengers were ticketed to travel on a domestic flight with Air Canada from Vancouver, BC to Sydney, NS. Upon arriving at YVR, they joined the queue to check-in. At that time, they were within the check-in time frame recommended by Air Canada. However, by the time they reached the check-in counter, they were informed that their flight was closed and they were denied boarding. The airline attempted to rebook them on a flight departing one hour later, but the family declined on the basis that this was inconvenient. Ultimately, they were rebooked to travel the next day. The family then commenced an action in the Small Claims Court seeking $800 for denied boarding compensation, relying upon Rule 245AC of the Air Canada Domestic Tariff. The Small Claims Court adjudicator dismissed the claim on the basis that the passengers had not established that they were denied boarding on the basis of overbooking. The passengers appealed.

On appeal, the court considered whether the adjudicator erred in his interpretation of Rule 245AC and his finding that the...