While the Montreal Convention caps compensation at about $2,400, private insurance can make up the difference, reimburse items not covered or offer an advance for the purchase of essential goods in the event of a baggage delay.
When your baggage is lost or delayed while flying within Canada or internationally, it can be difficult to get fair compensation without legal support. An air law lawyer can accompany you throughout the process to assert your rights effectively.
The lawyer begins by analysing your file: nature of the flight (domestic or international), delays, correspondence, proof of luggage deposit, expenses incurred, etc. This helps determine which legislation applies.
Depending on your situation, different texts may apply:
Canada’s Air Passenger Protection Regulations (APPR) require reasonable reimbursement of expenses incurred as a result of the delay or loss of baggage.
The Montreal Convention (1999), applicable to international flights, provides compensation of up to approximately $2,000 CAD.
The airline’s conditions of carriage may also govern certain compensations.
The lawyer writes a letter of complaint or formal notice addressed to the airline, including all supporting documents (receipts, proof of baggage declaration, correspondence). This greatly increases your chances of receiving a serious and prompt response.
In some cases, the lawyer enters into an amicable negotiation with the company or its insurer in order to obtain compensation without having to initiate legal proceedings. This often allows for a faster and fairer settlement.
If the company refuses to cooperate, the lawyer can represent you before:
Small claims court (up to $15,000 in Quebec)
Civil courts for higher amounts,
Or the Canadian Transportation Agency (CTA), in the context of an administrative dispute.
Most airlines often seek to minimize their responsibilities by offering travel credits or invoking exceptional circumstances to avoid paying compensation.
To ensure that you get the compensation you are legally entitled to, without wasting time, money or energy, trust Volannule.com.