Air Canada is known to be Canada’s largest airline and flag carrier. According to Transport Canada, Air Canada averaged 959 flights per day in 2022. Its fleet consists of 208 planes, 43 of which are Boeing 737 Max 8 planes. A U.S. passenger flying to Canada on an Air Canada flight is covered by the Montreal Convention, which establishes airline liability in case of death or injuries sustained by an international passenger.
Air Canada has encountered several incidents in the last several months. Its "hard landing" incident on December 28, 2024, prompted passengers to file a class action lawsuit against the airline, the Newsfound News reported. Upon landing at Halifax Stanfield International Airport, one of the aircraft tires was blown, causing it to skid off the runway. According to a CBC News report, passengers saw fire on the left side of the plane, and the cabin was filled with smoke.
Recently, Air Canada was denied its motion for security for costs worth $20,000 in a lawsuit filed by a US passenger who was injured when she fell while boarding an Air Canada flight in 2015. The Supreme Court of Prince Edward Island denied the motion as the American passenger had grounds to file under the Montreal Convention. Under the Montreal Convention, the airline can be held liable for damages suffered in case of death or bodily injury of an international passenger if the accident happened on board the aircraft or during "embarking or disembarking." The same convention applies to international passengers aboard the Delta plane that flipped upside down at Toronto Pearson Airport on February 17, 2025.
The U.S. passenger, a medical secretary, claimed that baggage inspection for her flight was delayed, and she was forced to repack her carry-on baggage after the costly medical equipment she was carrying was returned in a disorderly manner. She also claimed that no airline staff was available to assist her at the bottom or the top of the boarding staircase. She was injured when she slipped from the top of the staircase landing and fell on the pavement. In filing the motion for security for costs, Air Canada stated that this injury did not meet the convention’s definition of an "accident," the Canadian Lawyer Magazine reported.
It is difficult to recover from injuries and losses while an airline counters your claim for compensation. If you were injured in an accident while onboard an Air Canada flight to Canada, you might be eligible for compensation under the Montreal Convention. Contact our Miami aviation attorney for a free evaluation of your case and for help in seeking compensation for damages.