Decision No. 120-C-A-2023

August 9, 2023

 Application by André Thibault against Flair Airlines Ltd. (Flair) regarding a refusal to transport and a schedule irregularity

Case number: 
22-36311

[1] Mr. Thibault submits that he was scheduled to travel on Flight F82101 from Toronto, Ontario, to Edmonton, Alberta, on May 31, 2022, and on Flight F88500 from Kitchener, Ontario, to Vancouver, British Columbia, on June 15, 2022. He claims that one of his flights was cancelled and that he was rebooked on another flight. Mr. Thibault also states that he was refused transportation on another flight for reasons related to his baggage.

[2] Mr. Thibault does not seek any compensation.

[3] The Canadian Transportation Agency (Agency) opened pleadings on April 14, 2023. Flair had until May 5, 2023, to file an answer to the application, but did not do so.

[4] The role of the Agency is to decide whether Flair properly applied the terms and conditions applicable to the tickets that Mr. Thibault purchased, as set out in its Tariff. The onus is on Mr. Thibault to establish, on a balance of probabilities, that Flair has failed to properly apply the terms and conditions applicable to his tickets.

[5] In this case, the Agency finds that Mr. Thibault did not meet his burden of proof. He did not demonstrate that he had tickets for the alleged flights with Flair, nor did he explain how, in his opinion, Flair has failed to apply the applicable terms and conditions, as set out in its Tariff. Furthermore, Mr. Thibault seeks no compensation for expenses he would have incurred by Flair’s failure to apply the applicable rules.

[6] Due to the lack of evidence provided by Mr. Thibault, the Agency cannot adjudicate on any matter in the application. Therefore, the Agency dismisses the application.

Legislation or Tariff referenced Numeric identifier (section, subsection, rule, etc.)
Canada Transportation Act, SC 1996, c 10 67(3)

Member(s)

Heather Smith
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