Waging war on WestJet: Traveller sues for lost luggage despite bag being returned

Travelling can be an absolute nightmare when you factor in never-ending queues, hour-long delays, and uncomfortable seats. The nightmare was especially bad for one traveller when WestJet Airlines Ltd. lost his luggage.

In a decision detailed by the BC Civil Resolution Tribunal, John Wayne Audette had checked one bag when he was flying with his family on June 8, 2022, from Montréal to Vancouver via Toronto. Upon his arrival, his luggage was nowhere to be seen.

Naturally, Audette alerted WestJet, who said it would arrange to deliver his luggage to his home address once it was found. That return didn’t happen until 23 days later, on July 1, 2022.

What a nuisance.

The luggage saga didn’t end there. Audette decided to file a lawsuit against WestJet for his lost luggage. How much compensation did he want? He sued for $1,961.81.

According to the decision, Audette was unaware that his luggage was lost and instead believed that WestJet was working on returning his possessions. During that time, Audette purchased replacement items, including an electric shaver and underwear for $311.63 and running shoes and socks for $338.19.

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Under the federal Air Passenger Protection Regulations (APPR), Audette had requested that WestJet compensate him for the maximum amount applicable under the lost luggage laws, which was around $2,300. However, the decision detailed that WestJet denied this request on the basis that his luggage was eventually returned and instead offered him $338.19 for his incidental purchases or $450 in WestJet travel credit, plus an additional $250 in travel credit.

Audette accepted the reimbursement for his incidental purchases but decided to push for the full reimbursement in court under the APPR guidelines that say luggage missing for over 21 days is deemed “lost.”

He sued for $1,961.81 — saying he is entitled to the full $2,300 but subtracted the $338.19 reimbursement he already received from WestJet from the APPR maximum payable compensation.

Unfortunately for Audette, the court decided that reimbursing him the entire amount he filed for would be overcompensation, given that his luggage was returned only a couple of days after the 21-day luggage delay window.

Instead, the court decided that WestJet should reimburse him for the additional items he purchased while waiting for his luggage that they claimed were non-essentials.

WestJet was ordered to pay Audette $311.63 for a replacement shaver and underwear, along with $18.05 in pre-judgement interest and $62.50 in CRT fees.