Lost/Damaged Baggage and Montreal Convention

Michael Wukoschitz's picture

In Naeini v Air Canada2019 ONSC 1213, the Ontario Superior Court of Justice ruled that a claim can be made for lost/damaged baggage under Article 22(2) of the Montreal Convention by anyone able to prove that his/her baggage was checked with the carrier, regardless who checked it, and regardless the name on the lost bag's tag. The carrier had contended that no one other than the person who checked the bag and whose name was on it had status to make a claim under Montreal. 

The decision can be found at  https://www.canlii.org/en/on/onscdc/doc/2019/2019onsc1213/2019onsc1213.html?autocompleteStr=Naeini%20v.%20Air%20Canada%2C%202019%20ONSC%201213&autocompletePos=1

Submitted by Douglas Crozier on 2 November, 2019 - 19:16