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Manitoba prof wins another battle against major airline

Professor Gabor Lukacs stands outside of the Manitoba law courts in Winnipeg, Thursday January 20, 2011. (THE CANADIAN PRESS/David Lipnowski)
Professor Gabor Lukacs stands outside of the Manitoba law courts in Winnipeg, Thursday January 20, 2011. (THE CANADIAN PRESS/David Lipnowski)

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It sure is nice to see our courts handling the important cases first. I'm sure there is no problem handling the cases of criminal charges too. It's not like they would have to let some criminal go because they don't have time to prosecute them, right?

wstrncehnehdeh in SK

Manitoba prof wins another battle against major airline

talking about
Manitoba prof wins another battle against major airline

Date: Wednesday Aug. 3, 2011 6:41 AM ET

WINNIPEG — Winnipeg's crusading professor has won yet another round in his legal battle against airline baggage rules.

The Canadian Transportation Agency released a decision Tuesday declaring Air Canada's international baggage liability rule unreasonable, and ordered that Air Canada replace it within 10 days.

Gabor Lukacs, 29, an assistant professor of mathematics at the University of Manitoba, had asked for a review of a policy which said Air Canada couldn't be held liable for valuables such as money and jewelry in passengers' checked baggage on certain itineraries.

The agency found it was unreasonable for Air Canada to have a blanket exclusion of liability.

Air Canada must now change its policy to permit exclusion of liability only in the exceptional circumstances described by an international treaty called the Montreal Convention, which sets uniform rules for international carriage of passengers, baggage and cargo.

Lukacs also won a legal fight against WestJet over compensation for lost or damaged luggage.

Earlier this year, the Federal Court of Appeal rejected WestJet's request for a hearing on the matter.

After Lukacs complained, the transportation agency ruled the airline's $250 limit for luggage compensation was too low, and ordered the cap raised to $1,800, which is the amount dictated by the Montreal Convention.

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hemusbull
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Amazing, convention took plece here, in Canada and Canada's national carrier doesn't follow it! How we convinced others to obey the rules? I'm speachless...


getreal
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Title of the article is misleading, hes not a prof hes and assistant prof.


Please read the entire article people
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A really important line inthe article people is "the transportation agency ruled the airline's $250 limit for luggage compensation was too low, and ordered the cap raised to $1,800, which is the amount dictated by the Montreal Convention"In other words, the airline was not following the Montreal Convention. Now they have to. As an airline they are bound by the Montreal Convention, not following it means they were tyring to rip the consumer off. Now they have to follow the rules. I am amazed how many of you know this professor so well. You know how much time he has spent on this, how much time he has not spent in the classroom and what his political views are..Wow you guy/gals are good! Stop being so judgemental. You have no clue who this professor is and what his political views and who gives a rats ass? He is making airlines follow the Montreal Convention which they chose not to follow..Pure and simple!


Lance Usher
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It is about time that Air Canada is forced to comply with international travel agreemennts on compensation for lost or damaged luggage. I was in the Forces and traveled a lot with Air Canada and just to let you know, if another option was available, I flew with any airline but them. Terrible service, and disregard for passengers. Finally things MAY get better!


Pip
said
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Spaz comments "...he could drive his own car". All fine and dandy if traveling within Canada or North America - and you have a minimum of 4 days to spare for travel. But air is the only way to get to Europe or Asia, the likely destinations for a prof of maths. Just give your head a shake and THINK before posting.


Rory
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Really? We're all going to side with AC and attack this guy for standing up for all of us. Then again AC's monopoly of the airlines sure does need more protection and tax dollars. It's bad enough they're only real competition doesn't get subsidized but we wouldn't even think of criticising them, in fear they'll raise prices. When will a free market truly be a free market? If AC can't turn a profit without our dollars then let another company come in and do it.


dm
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*Milton* is right. If the airlines would just deliver the baggage, like they are paid to do, this forum would be a dead issue.


Gerald, Edmonton
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Air Canada is like all thier big corporate friends such as banks, oil companies, insurance companies, the client is worth zero since they answer to shareholders not users. Governments support that!!!


Michael
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One would think that after many decades of passenger flight that a passengers baggage would end up with him when he arrives at his destination. Apparently baggage handling hasn't kept pace with the technological improvements in aircraft. There is no excuse to lose luggage...... if airlines took more care and due diligence there would be NO PROBLEMS with lost luggage. No excuse to have lost luggage in this day and age. Careless employees is the cause. Fix that and the problem goes away.


henri
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I must agree that Air Canada is a horrible airline for inflight service ..their attendants are the cream of the "do not even think of disturbing me during the flight " lot in the industry ..I avoid using it if at all possible .The pets on board are treated better than the passengers . I really mean that !!Having said that ,you must remember that the baggage handlers outside of Canadian airports are not Air Canada employees or affiliates there of but are employees of contracted companies that have nothing to do with Air Canada ..Frequent travellers like myself know that you NEVER NEVER put valuables in checked luggage ..that is like placing your wallet/purse on the baggage carousel and expect it to be there after it goes around the route a few times .There are scams in airports internationally to steal the luggage or their contents .Air Canada or any airline has no control over this as this is an airport security problem .I have to disagree with the ruling .And as one commmenter has already mentioned our fares will now increase to pay for the liability costs .A very bad decision !!


gregoryd
said
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wow some of these comments are ridiculous. You criticize a person for standing up for the everage person who flies on our airlines. Maybe if people in this country started holding these non competitive companies accountable for their actions, we would have decent service in Canada. Too bad someone did not take the oil companies to task but I am sure some of these foolish posters would stand up for the poor oil companies as well. Gimme A Break


Dennis L. Krahn
said
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Some of you think this is insignificant; for those of us who have to fly AC this is good news. AC is without a doubt the epitome of inefficiency and a prime example of a poorly run business. The saddest part is every time they are caught between a rock and a hard spot; we, the tax payers get to bail them out.


realist
said
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I agree with Smitty. There is no reason whatsoever to put your valuables in your checked luggage. It isn't even a matter of how they handle your bags - what if your bags are lost completely? (which happens a lot). Bring your valuables as carry-on - problem solved. Save your energy for more important issues.


pjr
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@ wstrncehnehdeh in SK: If you had actually read the article you would have seen that the decision was by the Canadian Transportation Agency which is hardly the venue to deal with criminal cases! As the name suggests, they are responsible for all matters related to, you guessed it ‘transportation’. Therefore our good Professor was not tying up the criminal courts at all but doing something for the public good. I suspect your opinion will change if your luggage ever gets lost.


Milton
said
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Wow, the bulk of comments are so grumpy you would think they were from frequent travelers. But, given their positions they obviously are not.Long trips are often more likely to require packing expensive items - business materials, samples and/or other equipment. It's not [just] about his diamond necklace or cash roll hidden in his socks. There exist out there other items that have real value and are not allowed in the passenger cabin or even possible to pack in carry-on luggage.In addition, replacing a couple of suits, shirts, ties, underwear, socks, shoes and toiletries comes to a LOT more than $250. Is it not reasonable that someone we are paying to deliver our items takes responsibility for the care of those items? And then, is it not reasonable that they fairly compensate us for failing to deliver the service we paid for?And as for rising costs, a commitment to quality of service does not have to cost. It won't cost the airlines anything extra if your bag actually arrives. Finally, the courts exits to right injustice and that is what they are doing here.


Martin of NS
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I don't get why everyone is bashing this prof for sticking up for the consumer (AKA me and you). It's ridiculous that these companies have this policy that if you travel with them, your possessions will not be compensated for. When you travel with an airline, you are paying for their service. You are giving them your trust that you and your cargo arrive at the next destination safely!


Prof. Pye Chartt
said
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The larger issue here is the historical disregard on the part of airlines (especially Canadian ones) for the "value and importance" of people's luggage. When you travel, you're entrusting the care and security of your bag(s) to a company that is supposed to be a specialized professional in that department. There is no excuse, whatsoever, for losing or grotesquely damaging a customer's possessions, and then, with a shrug of the shoulders and a phony apology, giving them only token ($250 maximum) compensation weeks later, after the requisite and annoying forms are processed. To this point, there has never been a proper and legitimate accounting of brutal inconvenience, importance, and actual value. Either you have travelers sign a waiver indicating that they get nothing (while offering optional insurance), or, you give people what they rightfully deserve. Giving folks only part of what they deserve, after breaching their trust, is devoid of acceptable commercial logic and intelligence.


Joe Spumolio
said
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Why are you people bashing this guy and calling him a "lefty"? Are we all a little crusty when we're sober? Air Canada is a horrible company with a long history of abusing it's employees and customers. I think it's great when the little guy fights a company like ACE and wins. That doesn't make him a lefty. God some of you are too much. No wonder you're alone.


George
said
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Considering the cost of clothing and assorted items and the bag itself $250 does not come close to fair compensation. Not to mention the inconvenience of losing the bag in the first place. Besides this is about following international conventions. The $1,800 has already been determined. West jet and Air Canada should pay fines and all court costs for putting the public in a position to deal with this in the first place. What other conventions are they skirting around? Shows a lack of respect and an inclination to "cheat" regulations. Hope you all feel nice and safe flying with airlines like that.


Intelligent Lawyer
said
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I struggle to recall any personal crusade and legal decision less meaningful than this. I trust the 'successful' UM prof will make lots of money in claims.


JayCee
said
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Smitty, are you encouraging people to give up their rights just of fear that companies would take advantage? what should happen is policy and lawmakers ensure such gaps are covered and protect the average citizen from corporate intimidation


spaz
said
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Or if he wanted to have total control over his personal items and cash........he could drive his own car.Flying is not a right guaranteed under the charter in Canada......if you do not like the policy of the airlines.....there are other options.


Paul
said
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His win will only prevent airlines from ripping people off after they wreck their stuff with pathetic customer service and apathy. If we treated our customers like that we would be out of business.


Gerry from MB.but not NDP.
said
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I hope my kids do not get to have this left wing nut sa a proff.


Ted
said
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Good for him. These two major corporations and more are having their way with the Canadian public on a regular bases. They are making up the rules to suit themselves and always with an end view toward more profit. We are not talking nickels and dimes here Its in the billions. Some might want to cow down and be subservient to it but I applaud anybody who takes on the big boys and wins. If you as an individual were to try an enforce your own rules while dealing with major corporations they would quickly shut you down. The reason is because they have the power to do so. The only recourse for any individual is to use the courts.


Paul
said
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Another reason not to attend U of M: their profs are too busy crusading in the courtrooms to be of any use in the classroom.


Smitty70
said
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What a Jackass.His "win" will only cause airlines to raise their fares to protect against the increased liability.Besides, what kind of fool would put cash or valuables in their checked bag?


wstrncehnehdeh in SK
said
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It sure is nice to see our courts handling the important cases first. I'm sure there is no problem handling the cases of criminal charges too. It's not like they would have to let some criminal go because they don't have time to prosecute them, right?


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