Air Canada has been forced to fork out more than $10,000 after a Yukon couple missed their dream trip to Cuba.
Tosh Southwick posted on Facebook that their ordeal at the Small Claims Court had finally come to an end after it was ruled the pair had been treated ‘disgracefully’ by the airline.
“This was a trip my husband and I attempted to take to Cuba where there was a denied boarding that led to a three-day ordeal at various airports and hotels and ultimately ended with us never reaching Cuba,” Southwick wrote.
Southwick wrote in a group focused on airline legal issues that the couple prepared for the case in February earlier this year after being turned away from an oversold flight to Cuba in 2023.
The couple had saved for years, taken a leave of absence and hired a nanny to watch their three children during the holidays, reported CBC.
They had given up their seats after the airline told them they would receive compensation and be put on a new flight on American Airlines later that day.
However, the flight was not available to them with no explanation as to why. They were then diverted to Montreal, believing a replacement flight would be waiting for them, only to be sent back to Toronto.
She explained that they were stuck in Montreal and Toronto for three days before being sent home, “while Air Canada refuses to compensate and claims it is not under the airline’s control.”
Air Canada was forced to pay $10,000 after Tosh Southwick and her husband missed their dream vacation to Cuba in 2023
Southwick’s case had only sought $10,000, but the document stated that under APPR they “would have received a greater amount.”
‘Air Canada has a duty to communicate. It failed completely. “It is extraordinary that without these proceedings in the Small Claims Court no personal communications would have taken place,” the document said.
At one point they were told that Air Canada had arranged tickets for an Air Transit flight in Montreal, but the helpdesk had no knowledge of the alleged tickets.
“It appears that Air Canada did not even have evidence of communications with Air Transit or American Airlines,” the document said, CBC reported.
Legal documents shared by Southwick found that Air Canada failed to comply with multiple Air Passenger Protection Regulations (APPR), including improper communication and handling, as well as a lack of compensation for the delays.
“Given my findings regarding the breach of all these obligations, the plaintiffs are clearly entitled to much more than the $2,400 each proposed by (Air Canada),” the document said.
Southwick’s case only sought $10,000, but the document stated that under APPR they “would have received a greater amount.”
‘Air Canada has a duty to communicate. It failed completely. “It is extraordinary that without these proceedings in the Small Claims Court no personal communications would have taken place,” the document said.
‘Furthermore, no acknowledgment of the difficulties encountered or even an apology for the complete lack of care was ever communicated.’
It further stated that the couple, who had saved for three years for their week-long holiday, were ‘treated disgracefully’, adding: ‘Being moved without any thought of the effect of this experience or not being regarded as valued customers who deserve it deserved to be treated as such.’
The costs of the claim were also recovered from Air Canada.
Southwick added: “(We) have helped set a new priority that hopefully others can use in their cases. I am happy to share our cause with anyone who can benefit from it.”
DailyMail.com has contacted Tosh Southwick and Air Canada for comment.