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B.C.'s Civil Resolution Tribunal ordered Flair Airlines to compensate passenger Henriette Tams $606.18 after jewelry was stolen from her checked bag on a February 2024 flight from Mexico to Vancouver.
A British Columbia tribunal has ordered Flair Airlines to compensate a passenger whose jewelry went missing from a checked bag on a flight from Mexico to Vancouver in February 2024.
The Civil Resolution Tribunal issued the decision earlier this week. Tribunal member Amanda Binnie ordered Flair to pay Henriette Tams a total of $606.18. The total includes $500 for the lost items, $38.68 in pre-judgment interest and $67.50 in Civil Resolution Tribunal fees. Tams discovered the theft while unpacking her checked bag the morning after a late-night landing in Vancouver.
Flair Airlines Disputes Jewelry Claim Value
According to the decision, she found the bag had been repacked and her jewelry pouch was missing. Tams told the tribunal the pouch contained nine jewelry items. She said their values ranged from $15 to $535.24, for a claimed total of $868.73.
However, she did not provide receipts or other documents to prove the exact value of the jewelry. She reported the missing items to Flair, first by text and later through the airline's website. According to the decision, Flair acknowledged the missing item claim and apologized. The airline also said it might contact her for additional information.
The decision states that both parties agree Flair later denied the claim because Tams did not provide an itemized list or receipts. The tribunal noted that neither party said exactly when that denial occurred. In its defense, Flair argued that Tams had not provided supporting evidence to prove the airline was responsible for her loss. Flair also told the tribunal that under its international tariff, jewelry is unacceptable in checked baggage and can only be carried in a carry-on.
Tribunal Finds Airline Liable Under Convention
The airline did not provide evidence such as a copy of the tariff in its submissions. Binnie found Flair liable under the Carriage by Air Act and the Montreal Convention. Those rules hold airlines responsible for the loss of registered baggage while it is in their care. The decision states that though Flair suggested airport employees and other passengers could all be suspects, it did not specifically dispute that Tams' items went missing while her baggage was in its care.
Tams provided evidence of a baggage tag issued by Flair, leading the tribunal to find her baggage was registered. Binnie concluded Flair is liable for the lost items. The tribunal member also noted this interpretation was consistent with Flair's own response, which cited the lack of an itemized list or receipts rather than denying responsibility for the loss. The decision acknowledges Flair's argument that passengers should not place valuables in checked baggage.
However, Binnie noted the airline provided no evidence, including its tariff. Flair also did not provide evidence that it told Tams before her flight to transport valuable items only in carry-on luggage. Given the lack of evidence about the true value of the lost jewelry, Binnie applied the legal principle of betterment. That principle states courts and tribunals should not overcompensate a person for the replacement of an item.
Overcompensation could allow the person to acquire an item of greater value than they previously had. Based on that principle, Binnie decided $500 was an appropriate amount to award Tams. The additional pre-judgment interest and tribunal fees brought the total order to $606.18. The earlier published report said the stolen items included jewelry valued between $15 and $535.24 and that the airline had initially denied the claim due to lack of evidence.
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CP24:This story was compiled and edited by the HeadTopics newsroom and HT AI from the reports above.
Flair Airlines Baggage Theft Compensation Small Claims Tribunal Montreal Convention Checked Baggage Jewelry Loss Civil Resolution Tribunal Checked Baggage Theft Passenger Compensation
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