Court dismisses $2,400 claim by woman denied boarding by Air Canada

A court has dismissed a claim by a woman seeking compensation for being denied boarding an Air Canada flight with her young children as she moved across the country from British Columbia.

Adjudicator Augustus Richardson says in the Nova Scotia Small Claims Court decision that Nicole Paine did not prove she was not able to board because the flight on Dec. 16, 2016, was overbooked.

Nicole Paine, who was with her infant, three-year-old daughter and mother, says she was heading to Nova Scotia on a 1 p.m. flight from Vancouver that connected in Toronto when she was told gate was closed even though they had arrived on time.

Court heard that the family arrived in Toronto on a later flight, but were told would have to sit separately on their connecting flight to Nova Scotia.

Richardson says Paine, who was helped in her $2,400-suit by passenger rights advocate Gabor Lukacs, failed to prove that she was unable to board in Vancouver because the flight had been oversold.

He says Paine did not seek records or proof from the airline that could have shown the flight was overbooked, which is restricted under an Air Canada rule and can provide compensation for displaced passengers who have confirmed reservations.