Air Canada was ordered to pay him $15K for his delayed flights. Now they're fighting back

For over two and a half years, Rejean Landry has been entangled in a legal battle with Air Canada, seeking compensation after his family’s trip was delayed by more than 24 hours.

In November, an Ontario small claims court ruled in Landry’s favor, ordering the airline to pay nearly $15,000.

“We were happy, satisfied, relieved for a few weeks,” said Landry. “Until yesterday, when I got a notice of appeal from Air Canada.”

Experts note that large corporations are increasingly willing to appeal court decisions and engage in prolonged legal battles with passengers, often to avoid paying compensation despite incurring significant legal expenses.

A Difficult Journey
Landry’s trip to Lisbon in July 2022 with his children, Sebastien and Emali, encountered complications from the outset. With eased pandemic restrictions leading to crowded airports, delays were anticipated, but their Montreal departure was postponed repeatedly.

In desperation, Landry purchased three new tickets for the following day. Upon arriving in Toronto during their layover, Air Canada staff assured him that he would be refunded. The family eventually reached Portugal, but over 24 hours later than planned.

Complications continued on their return journey. Sebastien and Emali were denied their seats on the original flight due to their missed outbound flight, forcing them to take a United Airlines flight and arrive in Toronto more than six hours late.

Frustrated, Landry sought compensation for the tickets, additional expenses, and the disruption. After months of correspondence with Air Canada, he filed a claim in Ontario’s small claims court in early 2023. The court awarded him nearly $15,000, covering the cost of new tickets, hotel stays, meals, and other expenses.

Standing Against the Odds
Landry’s confidence was bolstered by a Supreme Court ruling in October that upheld passenger protection laws. “I went to trial thinking, that’s it, I’m going to win this. The Supreme Court is on my side,” he said.

However, the appeal filed by Air Canada has left him uncertain about the next steps, especially as the airline appears prepared to invest significantly in the case.

Advocacy groups have highlighted this trend, with airlines often prioritizing legal battles over direct compensation. “It’s like David against Goliath,” said Jacob Charbonneau, CEO of Vol en Retard, a company that assists travelers in defending their rights. “They have armies of lawyers and will spend more on legal fees than on compensation.”

Gábor Lukács, an air passenger rights advocate, criticized such practices as wasteful and unethical. “Air Canada wants to set a precedent that limits compensation. This is shameful and a misuse of judicial resources. Air Canada should be ashamed of itself.”

Inspiration for Others
Despite the challenges, advocates like Lukács commend individuals like Landry for pursuing justice. “These passengers are heroes in my eyes,” he said. “Their efforts contribute to the greater societal good by holding airlines accountable.”

Back in Barrhaven, Landry remains determined to press forward with his case. “Somehow, I need to find a way to fight that appeal,” he said. “Not sure how I’m gonna do it just yet.”