Bayne v. Air Canada, (1981) 52 N.S.R.(2d) 480 (SmCl)

• Court: Small Claims Court of Nova Scotia (Canada)
• Case Date: July 29, 1981
• Jurisdiction: Nova Scotia
• Citations: (1981), 52 N.S.R.(2d) 480 (SmCl)

Bayne v. Air Can. (1981), 52 N.S.R.(2d) 480 (SmCl);

    106 A.P.R. 480

MLB headnote and full text

Bayne v. Air Canada

(SCCH 0456)

Indexed As: Bayne v. Air Canada

Nova Scotia Small Claims Court

County of Halifax

Judith A. Gass, Adjudicator

August 25, 1981.

Summary:

The plaintiff passenger brought an action to recover for loss of contents and damage to checked luggage. The defendant airline denied liability for certain items, submitting that the passenger knew or ought to have known that the airline was not responsible for those items. The Nova Scotia Small Claims Court allowed the action in part.

Counsel for the defendant Air Canada has advised that an appeal to the County Court was dismissed orally on April 21, 1982, by O HEARN, C.C.J.

Aeronautics - Topic 5127

Airlines - Carriage of goods - Liability - Statutory limitations - Notice of - The plaintiff passenger brought an action for damages against the defendant airline for loss of contents and damage to checked luggage - The airline denied liability for lost jewellery and documents, relying on the limitations in the International Passenger Rules Tariff - The airline ticket and envelope, the luggage claims stub and the airline time table all referred to limitations of liability and the tariffs - The Nova Scotia Small Claims Court held that the passenger received sufficient notice of the limitations and could not recover for the jewellery and documents - See paragraphs 14 to 16.

Statutes Noticed:

Air Carrier Regulations, C.R.C. 1978, c. 3, sect. 7 [para. 4].

Counsel:

Malcolm H. Bayne, appearing for himself;

Ronald Jackson, for Air Canada.

This case was heard on July 29, 1981, at Dartmouth, Nova Scotia, by Judith A. Gass, Adjudicator, of the Nova Scotia Small Claims Court. On August 25, 1981, Adjudicator Gass delivered the following decision.