Meurin v. Canadian Airlines International Inc.

The Plaintiff purchased a ticket from Canadian Airlines for travel from Calgary to Montreal via Toronto. Canadian Airlines cancelled its flight from Calgary to Toronto and substituted a flight with Air Canada. The Plaintiff delivered her luggage to Air Canada and flew from Calgary to Toronto with Air Canada. Her luggage was to be transferred to Canadian in Toronto as she was flying with Canadian from Toronto to Montreal. Her luggage was lost by the Defendants. The Defendants contended the notice of baggage liability limitations printed on the cover of the ticket and the Canadian Tariff rules applied. The Court found the Defendants breached the contract and were bailees for reward. The Defendants could not rely on the limitation of liability contained in the ticket or the Canadian General Rules Tariff as they were not brought to the Plaintiff’s attention.