Small claims claim

The damages covered by the European Regulation EC 261 and by the APPR include the amounts defined in the event of delay, cancellation, and denied boarding.

However, the passenger may have suffered personal injury as a result of the disruption suffered, in particular, material damage. In addition, you may also claim compensation for your additional expenses under the Convention for the Unification of Certain Rules for International Carriage by Air (hereinafter ” Montreal Convention “). The latter requires more demanding proof and a close causal link between the airline’s fault and the damage suffered. It should be noted that in the latter case, only the damage related to the loss, damage or delay in the delivery of baggage, as well as the delay of the flight, is covered by the Montreal Convention.

Indeed, Article 19 of the Montreal Convention states that the airline is liable for damage resulting from a delay in the carriage of passengers or baggage by air:

The carrier is liable for damage resulting from a delay in the carriage of passengers, baggage or goods by air. However, the carrier is not liable for damage caused by delay if it proves that it and its servants and agents took all measures that could reasonably be required to avoid the damage, or that it was impossible for them to take such measures.

This article limits the possibility of compensation for damages only to disruptions related to a delay, excluding cancellation and denied boarding.

This recourse will then be very similar to that of a civil liability action, where the burden of proving fault, causation, and prejudice will fall on you. In addition, the claim will have to be filed in Small Claims Court considering that the amount that can be claimed is less than $15,000.

In this sense, although it is impossible to be represented by a lawyer in Small Claims Court, it is strongly recommended to consult one of our lawyers in order to obtain a turnkey preparation of your case commensurate with the prejudice you have suffered.

Conditions for the application of Article 19

In order for a passenger to claim damages under section 19, several conditions must be met:

1. Existence of a delay: There must be an actual delay in relation to the originally scheduled arrival time.
2. Proof of damage: The passenger must demonstrate that they have suffered damage due to the delay. This damage can be financial (e.g., extra costs for food and accommodation), moral (e.g., stress or discomfort), or even a loss of income (such as missing an important business meeting).
3. Causal link: There must be a direct link between the delay and the damage suffered. If the damage does not result directly from the delay, the carrier cannot be held liable.

Exoneration

As mentioned in Article 19 of the Montreal Convention, in order to be exempted from liability, the carrier must:

• Or show that he, his servants or agents took all the measures that could reasonably be necessary to avoid the damage
• Or show that it was impossible for them to take measures to avoid the damage

For example, in the event of bad weather, an unexpected strike or other unforeseeable and unavoidable circumstances, the carrier may not be held liable. You can consult the “Exemption” capsule for more details on the airline’s defences.

Here is an example to illustrate the type of claim and damages that can be claimed:

A passenger books a round-trip Air Transat flight from Montreal to Fort Lauderdale, with a connection in Toronto, for a cruise. The return flight from Fort Lauderdale to Toronto was delayed by more than 24 hours due to a technical issue with the aircraft, resulting in a missed connection to Montreal.

The passenger can claim:

• Compensation for additional costs incurred due to the delay, including hotel costs, food costs, and other unexpected expenses, such as transportation (remember to keep your invoices).
• Compensation for compensation for the stress and inconvenience caused by the delay.
• Compensation for missed work days on return, with proof of loss of income and opportunity.
• Compensation for the loss of the connection if another flight to Montreal necessarily had to be purchased.

Moreover, if the situation were reversed, in the sense that the delay had occurred in Montreal on the one-way flight, he could also have obtained compensation for the loss of the cruise and the loss of enjoyment of the vacation.

This case helps to show that an airline can be held liable under Article 19 of the Montreal Convention if it cannot prove that it took all reasonable measures to avoid a delay. Airlines must demonstrate not only that they took corrective actions, but also that those actions were appropriate and sufficient for the situation.

This type of example can be used as a reference for a passenger seeking compensation for flight delays. In that situation, the airline would be required to pay compensation for the additional costs incurred as a result of the delay and an additional amount for the inconvenience and stress.

Limitation of Liability under the Montreal Convention

It should be recalled that the Montreal Convention limits the liability of airlines in the manner described in the table below. Indeed, this does not mean that you will automatically receive this amount, as it depends on the proof of the damage you have suffered. However, even if you have suffered more damage, it will not be possible to obtain compensation higher than this ceiling.

Event	New limits as of December 28, 2024
Destruction, loss, damage or delay in the carriage of goods.	26 SDRs per kg
Destruction, loss, damage or delay in relation to baggage.	1,519 SDRs per passenger
Damage to passengers as a result of delay	6,303 SDRs per passenger
Injury Resulting in Death or Bodily Injury to a Passenger	151,880 SDRs per passenger

Special Drawing Rights (SDRs)

SDRs are an international unit of account determined by the International Monetary Fund. The conversion of these sums into national currencies is carried out at the value of these currencies in SDRs on the date of the judgment.

Click here to convert the SDRs to the currency of your choice.

Flight delays and disruptions can result in significant costs and inconveniences. If you suffered material or moral damage as a result of a flight delay, you may be eligible for compensation. Don’t leave your file in the hands of airlines; Contact our team of lawyers today for a personalized assessment and turnkey preparation of your claim.