Decision No. 148-C-A-2022

[1] Nicolas Drolet filed an application with the Canadian Transportation Agency (Agency) against Interjet regarding a piece of baggage that was damaged during his return flight from Cancun, Mexico, to Montréal, Quebec, on December 2, 2018.

[2] Mr. Drolet seeks compensation in the amount of CAD 241.39 for the price of a new piece of baggage.

Preliminary matters

[3] On November 26, 2020, the Agency opened pleadings. Interjet did not file an answer to the application.

[4] On June 11, 2021, for the reasons set out in Decision LET-C-A-40-2021, the Agency stayed the proceeding until December 11, 2021.

[5] On February 24, 2022, for the reasons set out in Decision 30-C-A-2022 (Decision of February 24, 2022), including the fact that Interjet was in the process of restructuring its operations, and given that there was no reasonable likelihood of enforcing an order, the Agency determined that it would not hear the complaint.

[6] However, on August 30, 2022, the Reuters news agency reported that a judge declared Interjet bankrupt. Reuters revealed that Interjet had 185 days to reach an agreement with its creditors and that during that time, Interjet’s payments were suspended. On October 21, 2022, Reuters reported that a judge issued an order against Interjet in a class-action lawsuit. Reuters also disclosed that other affected passengers will have until October 2023 to join the second phase of the class-action lawsuit.

[7] The Canada Transportation Act (CTA) provides the legislative framework through which the Agency may exercise its power to review its decisions. According to the CTA, the Agency may review, rescind or vary any decision made by it if, in its opinion, there has been a change in the facts or circumstances pertaining to the decision.

[8] The Agency must first determine if, in its opinion, there has been a change in the facts or circumstances pertaining to a particular decision since its issuance. The Agency must then determine whether the change in the facts or circumstances is significant enough to warrant a review, rescission or variance of the decision.

[9] Following the above-mentioned recent developments concerning Interjet, the Agency finds that there has been a change in the facts or circumstances pertaining to the Decision of February 24, 2022. The Agency also finds that these new facts or circumstances are significant enough to warrant the Agency to review, rescind or vary the Decision of February 24, 2022, allowing it to now hear Mr. Drolet’s complaint.

[10] Therefore, the Agency rescinds, on its own initiative, the Decision of February 24, 2022, and substitutes in its place this decision.

Analysis and determination

[11] In this decision, the role of the Agency is to decide whether Interjet properly applied its Tariff to the ticket Mr. Drolet purchased. If the Agency finds that Interjet has failed to properly apply its Tariff, it may direct Interjet to take the corrective measures that it considers appropriate, or to pay compensation for any expense incurred by a person adversely affected by Interjet’s failure.

[12] Interjet’s Tariff states that the carrier is liable for damage sustained in case of destruction or loss of, or of damage to, checked baggage in its charge, unless it proves that the damage resulted from the inherent defect, quality or vice of the baggage.

[13] Mr. Drolet states that on December 3, 2018, he communicated with Interjet by telephone and email to report the damage to his piece of baggage. He filed as evidence email exchanges between him and Interjet in that regard, as well as photos of the damaged piece of baggage. In addition, Mr. Drolet filed as evidence a bill demonstrating that he bought a new piece of baggage in the amount of CAD 241.39. Interjet did not file an answer to refute Mr. Drolet’s allegations.

[14] In light of the above, the Agency finds that Interjet did not properly apply the terms and conditions set out in its Tariff by not reimbursing Mr. Drolet the price of his new piece of baggage.

Order

[15] The Agency orders Interjet to pay CAD 241.39 to Mr. Drolet as soon as possible and no later than January 20, 2023.