2022 QCCQ 1476, 2022 QCCQ 1476

Kostopoulos c. Air Canada/General Claims 2022 QCCQ 1476 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUÉBEC DISTRICT OF MONTRÉAL Civil Division No: 500-32-710384-191 Date: March 25, 2022 BY THE HONOURABLE DIANE QUENNEVILLE, J.C.Q. CHRYSOULA KOSTOPOULOS and BILL VASILAKOPOULOS Plaintiffs v.

AIR CANADA/ GENERAL CLAIMS Defendant JUDGEMENT RENDERED ORALLY [ 1 ] The Plaintiffs claim the sum of $15,000 representing the reimbursement of their airfare and of their son to and from Montréal to Florida, $600 for the loss of salary of the Plaintiff Vasilakopoulos and $11,784 for emotional distress, loss of time and loss of vacation. [ 2 ] This claim arises from the fact that during the outgoing flight, on February 28, 2019, Plaintiff Kostopoulos had to insist for approximately 45 minutes with Air Canada’s representative to obtain the seat she had reserved, which provided more leg room.

She did finally obtain that seat. [ 3 ] However, the Plaintiff Kostopoulos argues that as a result, she suffered from stress, physical illness and her vacation was completely ruined.

The analysis [ 4 ] No evidence was provided by the Plaintiff Kostopoulos that an illness or physical injury was suffered by her resulting from the discussion with the Defendant’s representative. [ 5 ] Moreover, as established by the case law, unless a passenger suffered physical damage from the flight itself or during the flight, no as established by the Montréal’s Convention. [ 6 ] In any event, the Plaintiffs and their son did use the tickets to travel to and from Montréal to Florida. [ 7 ] Finally, no evidence was presented by the Plaintiff Vasilakopoulos for the loss of salary.

FOR THESE REASONS AND THOSE MENTIONED VERBALLY AT THE HEARING, THE COURT: DISMISSES Plaintiffs’ recourse; WITH COSTS in the amount of $308 representing the judicial stamp of the Contestation. Diane Quenneville, J.C.Q. Date of hearing: March 25, 2022