B.C.’s Civil Resolution Tribunal has awarded a man $2,379 after WestJet lost his luggage.
In a , tribunal member Micah Carmody said Paul Philps flew from Toronto to Vancouver via Calgary on Nov. 18, 2022.
“At some point on that trip, WestJet lost Mr. Philps’ only checked bag and did not recover it,” Carmody said.
Philps claimed $4,307 for the bag but WestJet generally said its liability for lost baggage is limited.
Carmody said WestJet offered compensation but Philps refused it.
“Mr. Philps alleges that WestJet was negligent,” Carmody wrote.
Philps referred to a WestJet employee’s email saying policies and staffing had changed, and that conditions were the worst they had been in 12 years. And, he pointed to the undisputed fact that WestJet had delayed his baggage on two recent flights.
Further, he pointed to WestJet’s delay in giving him a baggage declaration.
“He says this all points to WestJet’s knowledge that it was experiencing multiple and extensive baggage issues,” Carmody said. “Finally, he points out that WestJet provides no evidence it actually 'looked' anywhere for his bag, as opposed to waiting for it to turn up in some arcane system. He says WestJet preferred to negotiate payment rather than keep looking.”
Carmody ruled Philps' argument that WestJet knew its usual procedures were likely to result in his bag remaining lost was speculative and without support in the evidence.
Carmody decided Philps was entitled to $2,379.
