A passenger waits beside their luggage at the departure terminal at Toronto Pearson Airport, in Mississauga, Ont., Friday, May 24, 2019.
THE CANADIAN PRESS/Chris Young
First filed in 2019, the court application states the new provisions exceed the Canadian Transportation Agency's authority. They also contravene the Montreal Convention, a multilateral treaty, by setting compensation amounts based on the length of the delay and “irrespective of the actual damage suffered,” according to the appellants.
The issue came to the forefront after a 2017 incident in which two Montreal-bound Air Transat jets were diverted to Ottawa because of bad weather and held on the tarmac for up to six hours, leading some passengers to call 911 for rescue.
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