Air Canada agent right to deny boarding over expired passport, court rules
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Air Canada agent right to deny boarding over expired passport, court rules
Good Afternoon All:
This article comes from the CBC and finally common sense prevails.
Gerald Gartner was author of his own misfortune, Ontario small claims court rules
The Canadian Press · Posted: May 29, 2019 1:44 PM ET | Last Updated: May 29
Ontario Deputy Judge David Dwoskin says in his ruling: 'The plaintiff was responsible for failing to check his own passport.' (Graham Hughes/The Canadian Press)
A man whose Canadian passport expired while he was abroad cannot recover any of the costs he racked up after Air Canada refused to let him board his return flight, an Ontario court has ruled.
In its decision, the small claims court found that Gerald Gartner was the author of his own misfortune because he should have ensured his document was valid before trying to fly back to Toronto from St. Lucia.
"The plaintiff was responsible for failing to check his own passport," Deputy Judge David Dwoskin said in his ruling in Ottawa. "Air Canada determined in good faith that it was required by applicable law or government regulation ... to refuse to carry the plaintiff."
The case arose in January last year when an Air Canada gate agent prevented Gartner from boarding his return flight because his passport had expired while he was there. He tried showing the agent his driver's licence, health card and birth certificate -- to no avail.
Gartner sued Air Canada for the $8,062.23 he said he spent in courier and other costs getting a renewed travel document as well as for a hotel and taxi fares.
Among other things, he alleged Air Canada was in breach of contract by barring him from the flight he had reserved, and negligent in failing to train its out-of-country employees properly on the constitutional right of Canadian citizens to enter the country.
In its defence, Air Canada pointed to its terms and conditions of carriage, which, among other things, state that a valid passport is required for return travel to Canada.
Claims for damages excessive, judge says
The carrier also told court the Canada Border Services Agency had instructed airlines that gate agents can only accept valid passports as an international travel document and passengers cannot board a flight without one.
While border officials may allow travellers who have arrived in Canada to use other documents to enter the country, airline personnel are neither border agents nor trained as such, Dwoskin said.
The judge also found Gartner's damages claim for more than $8,000 to cover the expenses he incurred for a new passport and a "lengthy stay at what appears to be a premium hotel" in St. Lucia to have been excessive.
Despite losing his case, Gartner did escape having to pay Air Canada any of its trial costs. Dwoskin said that was because of the "novel circumstances of the case and the public interest respecting the issues raised.
"He did say he would reconsider the costs issue if either side could show it had made a reasonable offer to settle before trial.
·
This article comes from the CBC and finally common sense prevails.
Gerald Gartner was author of his own misfortune, Ontario small claims court rules
The Canadian Press · Posted: May 29, 2019 1:44 PM ET | Last Updated: May 29
Ontario Deputy Judge David Dwoskin says in his ruling: 'The plaintiff was responsible for failing to check his own passport.' (Graham Hughes/The Canadian Press)
A man whose Canadian passport expired while he was abroad cannot recover any of the costs he racked up after Air Canada refused to let him board his return flight, an Ontario court has ruled.
In its decision, the small claims court found that Gerald Gartner was the author of his own misfortune because he should have ensured his document was valid before trying to fly back to Toronto from St. Lucia.
"The plaintiff was responsible for failing to check his own passport," Deputy Judge David Dwoskin said in his ruling in Ottawa. "Air Canada determined in good faith that it was required by applicable law or government regulation ... to refuse to carry the plaintiff."
The case arose in January last year when an Air Canada gate agent prevented Gartner from boarding his return flight because his passport had expired while he was there. He tried showing the agent his driver's licence, health card and birth certificate -- to no avail.
Gartner sued Air Canada for the $8,062.23 he said he spent in courier and other costs getting a renewed travel document as well as for a hotel and taxi fares.
Among other things, he alleged Air Canada was in breach of contract by barring him from the flight he had reserved, and negligent in failing to train its out-of-country employees properly on the constitutional right of Canadian citizens to enter the country.
In its defence, Air Canada pointed to its terms and conditions of carriage, which, among other things, state that a valid passport is required for return travel to Canada.
Claims for damages excessive, judge says
The carrier also told court the Canada Border Services Agency had instructed airlines that gate agents can only accept valid passports as an international travel document and passengers cannot board a flight without one.
While border officials may allow travellers who have arrived in Canada to use other documents to enter the country, airline personnel are neither border agents nor trained as such, Dwoskin said.
The judge also found Gartner's damages claim for more than $8,000 to cover the expenses he incurred for a new passport and a "lengthy stay at what appears to be a premium hotel" in St. Lucia to have been excessive.
Despite losing his case, Gartner did escape having to pay Air Canada any of its trial costs. Dwoskin said that was because of the "novel circumstances of the case and the public interest respecting the issues raised.
"He did say he would reconsider the costs issue if either side could show it had made a reasonable offer to settle before trial.
·
And AC should not have let him boarded the outward flight to UVF
Thread Starter
rog747
In the last year online check in procedures have passengers do an APIS entry along with ticket purchase and at check in at the kiosk. When you check in at the kiosk your passport is scanned confirming the APIS information supplied is valid. This helps eliminate the check in errors. Further to your comment consider the overworked, stressed out CSSA trying to get the flight out on schedule sometimes errors can happen. As stated by previous poster you have to have greater than 6 months on your passport for International travel. Caveat Emptor
In the last year online check in procedures have passengers do an APIS entry along with ticket purchase and at check in at the kiosk. When you check in at the kiosk your passport is scanned confirming the APIS information supplied is valid. This helps eliminate the check in errors. Further to your comment consider the overworked, stressed out CSSA trying to get the flight out on schedule sometimes errors can happen. As stated by previous poster you have to have greater than 6 months on your passport for International travel. Caveat Emptor
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And AC should not have let him boarded the outward flight to UVF
It is the responsibility of the passenger to ensure their papers are up-to-date for their trip. The airline is only checking to make sure you're good for this one flight. What about those people with multiple itineraries and multiple airlines to multiple countries? Should the airline also be checking that all your visas are intact and shots or inoculations are valid? Imagine Air Canada did bar him from the outbound flight. They'd be in breach of their tariffs as the passenger had a valid ticket and a current passport.
I'm a pretty liberal guy, but to suggest that any company should take on something that is clearly the responsibility of the individual is one step too far. How about we all just put our big boy pants on and be adults for a change. It might be a refreshing change.
Why?
It is the responsibility of the passenger to ensure their papers are up-to-date for their trip. The airline is only checking to make sure you're good for this one flight. What about those people with multiple itineraries and multiple airlines to multiple countries? Should the airline also be checking that all your visas are intact and shots or inoculations are valid? Imagine Air Canada did bar him from the outbound flight. They'd be in breach of their tariffs as the passenger had a valid ticket and a current passport.
I'm a pretty liberal guy, but to suggest that any company should take on something that is clearly the responsibility of the individual is one step too far. How about we all just put our big boy pants on and be adults for a change. It might be a refreshing change.
It is the responsibility of the passenger to ensure their papers are up-to-date for their trip. The airline is only checking to make sure you're good for this one flight. What about those people with multiple itineraries and multiple airlines to multiple countries? Should the airline also be checking that all your visas are intact and shots or inoculations are valid? Imagine Air Canada did bar him from the outbound flight. They'd be in breach of their tariffs as the passenger had a valid ticket and a current passport.
I'm a pretty liberal guy, but to suggest that any company should take on something that is clearly the responsibility of the individual is one step too far. How about we all just put our big boy pants on and be adults for a change. It might be a refreshing change.
Well we, (the airline) here were and are often fined if the pax had incorrect documentation and we boarded them - so there you go - Maybe Canada has different rules for borders etc?
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I have traveled without carrying any passport between the U.S. and Europe using nothing but Global Entry and Privium. I once forgot to bring my passport and had only carry-on luggage. Nobody physically checked for my passport.
