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Canadian airline ordered to compensate excess baggage fee

Air Canada has been ordered to compensate a $550 excess baggage fee it already agreed to pay.
Air Canada has been ordered to compensate an excess baggage fee it already agreed to pay.

B.C.’s Civil Resolution Tribunal has ordered Air Canada to compensate a B.C. woman $550 in excess baggage fees.

Tribunal member Alison Wake said in her Sept. 21 decision that Air Canada had agreed to refund $550 in excess baggage fees to Brenda Peterson after she was unable to board a flight on Dec. 24, 2021.

She was booked on a flight from Vancouver to Auckland, New Zealand, via Sydney, Australia.

Even though she arrived at the airport on time, Peterson’s check-in process was delayed, and she was not able to reach the gate in time to board her flight.

To date, Peterson has not received the refund, Wake said.

Peterson claimed $550 for the refund, as well as $4,000 in damages for loss of income, financial hardship, and emotional, mental, and physical suffering. She also asked that a travel credit Air Canada issued her be changed to a “non-expiring transferable travel voucher.”

Wake said she did not have the jurisdiction to make that order.

Air Canada acknowledged the delay in providing the refund, but says that it was not liable for Peterson’s claimed damages.

Peterson provided proof she was promised a refund.

“Ms. Peterson undisputedly did not receive the refunds as promised,” Wake said.

“I find Air Canada is bound by its agreement to refund Ms. Peterson the $550 for the excess checked baggage fees,” Wake said. “While Air Canada asks that this dispute be dismissed, it also confirms in its submissions that it is still willing to provide this refund, and acknowledges that it has not yet done so.

“So, I find Air Canada must refund Ms. Peterson $550 within 21 days of this decision,” Wake said.