B.C. tribunal orders Flair to pay more than $600 after passenger reports missing jewelry from checked bag

The Story

The B.C. Civil Resolution Tribunal (CRT) has ordered Flair Airlines to pay a passenger more than $600 after the woman reported that jewelry disappeared from her checked baggage on a flight from Mexico to Vancouver.

The CRT decision relates to a trip that ended in February 2024. The woman flew home on Flair in February 2024, and when she opened her luggage the following morning, she said the suitcase appeared to have been repacked and that a pouch containing jewelry was missing.

According to tribunal member Amanda Binnie, the passenger first reported the missing item to Flair by text on Feb. 7, 2024. When she did not receive a reply, she later reported the loss through the airline’s website on April 10, 2024.

The tribunal says Flair acknowledged the missing item claim on June 13, 2024 and apologized, stating it might contact her for additional information. However, the CRT found that Flair denied the claim because the passenger did not provide an itemized list or receipts.

The CRT decision says the passenger provided an itemized list of nine jewelry items with values ranging from $15 to more than $535.24, for a total of $868.73. The tribunal noted she did not provide receipts to support the amounts claimed.

In its submissions, Flair argued that jewelry should not be transported as checked baggage and is only acceptable as carry-on luggage under its international tariff, as described in the tribunal’s summary. Binnie said the tribunal acknowledged the principle that passengers should not place valuables in checked luggage, but found Flair did not provide evidence, including the tariff itself, or evidence that it had told the passenger to transport valuable items only in carry-on before her flight.

The CRT concluded that, under the Montreal Convention and Canada’s federal Carriage by Air Act, an airline can be liable for the loss of registered baggage while it is under the carrier’s care. The tribunal nevertheless did not award the full amount the passenger claimed because she did not provide receipts, photos, or other evidence showing the jewelry’s condition or age.

Binnie ordered Flair to pay $500 in damages within 30 days, along with $38.68 in interest and $67.50 toward tribunal fees, for a total award of $606.18. The decision underscores the role of international and federal rules governing baggage liability when items go missing while checked luggage is under an airline’s responsibility.