Another day, another airport fiasco: Traveller sues WestJet for delayed luggage

Long-haul flights are hard enough without having problems with your luggage. Unlucky for one pair, they arrived in London after travelling from Vancouver to find their bags were nowhere to be seen.

Keagan and Rory O’Donoghue made the international journey in July 2022 with WestJet and decided to sue the airline for $1,913.33 after their luggage was delayed, according to a recent decision posted by the BC Civil Resolution Tribunal.

Keagan O’Donoghue told the court that their checked bag never arrived in London and was instead delivered back to their home in Vancouver two weeks after their flight to the UK. Their lawsuit claimed compensation for clothing and other necessities.

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However, WestJet fired back at the claim.

The airline company told the court that the claim was out of time and that even if it wasn’t, the lawsuit should be limited to $705.17, in accordance with the 21-day claim deadline under the Montreal Convention international treaty.

O’Donoghue made the claim in October 2022 when the flight was in July of the same year but argued that WestJet ignored its own failure to acknowledge his “earlier communications and claims.”

The applicant did file a baggage irregularity report at London Heathrow Airport at the time the pair arrived. However, the court decided that this report did not constitute as a complaint.

Their lawsuit was ultimately dismissed, as the tribunal found that Rory O’Donoghue did not establish “his standing or legal interest to bring a claim,” as no evidence of an airline ticket, itinerary, or checked bag was provided to the court.