Van Halderen v. Canada 3000 Airlines Ltd.

In Carriage of Goods by Air on (Updated )

The Plaintiff flew from Vancouver to Costa Rica return with the Defendant airline. The Plaintiff’s luggage was not delivered to him on his return to Vancouver. The Plaintiff did not have the usual baggage tags but his ticket was marked indicating he checked two bags. He sued the Defendant to recover the value of the contents of the bags. The Defendant contended 1. the Plaintiff did not consign the baggage for the return flight; 2. alternatively, if the luggage was lost the Defendant took all possible measures to avoid the loss and was not liable; and 3. alternatively if the Defendant was liable, the statutory limits of liability set out in the Warsaw Convention apply.

The Court found that the Plaintiff did check two pieces of luggage, and that the Defendant did not prove that it took all necessary measures to avoid the loss. The Defendant was not allowed to rely on the limitation of liability as the Plaintiff’s passenger ticket did not contain the notice required by Article (1)(3)(c). The ticket did not state the Warsaw Convention applied and that it limited liability in respect of loss or damage to baggage.