Case Overview:

• Issue: Hérold Apestiguy was denied boarding on his return flight from Bangkok to Montreal. Air Canada argued the ticket was invalid due to a fraudulent payment. Apestiguy claimed compensation for the replacement ticket, additional costs, and emotional distress.

Key Points:

1. Fraudulent Purchase:

   • The plaintiff unknowingly bought his ticket from an unauthorized source offering an unusually large discount.
   • Payment for the ticket was later reversed as it was made using a stolen credit card, leaving the ticket unpaid.

2. Air Canada’s Policy on Fraud:

   • Air Canada has an internal policy allowing passengers in such cases to board after paying the owed ticket cost at the original fare.
   • Evidence suggested Air Canada failed to apply this policy in Apestiguy’s case, instead offering him higher fares.

3. Tribunal Findings:

   • Apestiguy’s imprudent actions contributed to his situation, but Air Canada’s failure to follow its policy was the proximate cause of his damages.
   • Air Canada provided no proof it had informed Apestiguy of the option to pay the original fare, forcing him to buy a more expensive replacement ticket with another airline.

4. Damages Awarded:

   • Monetary Compensation:
     • $815.14 for the price difference between the original fare and the replacement ticket.
     • $2,500 for emotional distress and inconvenience (based on comparisons with similar regulations).
     • Total: $3,315.14.
   • Interest: Legal rate from September 28, 2020.
   • Costs: $104 in legal fees.