CTA Upholds Complaint Against Air Canada's Baggage Handling Policy

May 18, 2009 12:17 p.m. EST

Ottawa, Ontario (AHN) - The Canadian Transportation Agency ruled on Saturday against Air Canada in a complaint filed by a University of Manitoba assistant professor over the air carrier's baggage handling policy.

Gabor Lukacs challenged before the federal regulatory agency Air Canada's policy which said the air carrier is not responsible for damaged or delayed luggage. Lukacs filed the complaint after he observed an Air Canada notices which said it is not taking responsibility over certain types of luggage.

Lukacs had brushes with other air carriers in the past which led to him being awarded $6,000 settlement by a Nova Scotia court and another legal victory at the Manitoba Court of Queens Bench.

The CTA, in its ruling said Air Canada's policy goes against the Montreal Convention and Canadian laws. It required the air carrier to amend its policies within 90 days.

Air Canada may appeal the CTA's ruling within 45 days. A company spokesman, quoted by the Canadian Press, said the air carrier is reviewing the CTA decision and declined to provide any comment.

The CTA decision disallowed three rules for being unjust and unreasonable under the terms and conditions of Tariff submitted by Air Canada to the agency scheduled to take effect on Feb. 13, 2009. It also mandated Air Canada to remove all signs not compliant with the Tariff.

Lukacs, commenting on the CTA ruling, told the Canadian Press, "I see this as a landmark decision in passenger rights. It tells the airlines 'You are not above the law.'"

The CTA decision comes at a time when the House of Commons is finalizing a bill of rights of air traveler which the four largest Canadian air carriers are opposed.