Court hits Air Transat with $7,000 for denying boarding to a vacationing couple
The decision, which hinged on recorded video of "egregious" and "terrible" customer service, hailed as a major victory for passenger rights
A Hamilton, Ont. couple has scored a big win against Air Transat in small claims court, with a judge awarding them $7,000 for being denied boarding when coming home from a vacation in the Dominican Republic last year.
“I frequently say to people that courts are terrible places to resolve customer service issues in. But, in this case, I am going to make a finding that Air Transat’s conduct was effectively egregious,” wrote Deputy Justice Marcel Mongeon in his findings. “It was terrible customer service.”
The couple, Midhun Haridas and his wife Paravathy Radhakrishnan Nair, were trying to get home from a spring vacation last year when they were denied boarding without reason by Air Transat counter staff at the Punta Cana airport. The couple were forced to find another flight home, which they did with Air Canada, with a connection through Ottawa at a cost of $1,000.
Haridas video recorded some of the conversations and posted them on Facebook. In them, staff are seen refusing to give a reason for the boarding denial. At one point, an employee offers to allow the couple to board if they delete the pictures and videos they recorded.
Those facts, which were submitted as evidence, did not sit well with the judge, who awarded $6,600 in damages plus $400 in costs.
“They were denied boarding due to the capricious decision of whomever that person that we see in the videos was. They should have been allowed to check in for that flight. They were not. They were not, wrongfully.”
Air Transat, which did not return a request for comment, had argued in court that Haridas and his wife were a security risk – which the judge also did not appreciate.*
“If safety was a concern, legitimately, then why when the manager said, ‘Delete the videos from your camera and we’ll let you board the flight,’ they were no longer a concern?” he wrote. “Similarly, if Mr. Haridas and Ms. Radhakrishnan Nair were such safety concerns, why did Air Canada quietly check them in for a flight to Ottawa a few hours later?”
Read the judge’s ruling:
In a Facebook post on Wednesday celebrating the win, Haridas urged other passengers to fight back when airlines violate their rights.
“This case shows how airline passengers can be mistreated, gaslit and stonewalled by corporate staff and leadership,” he wrote. “Air Transat never apologized or disciplined the manager (to our knowledge) despite knowing the truth and shameless lying throughout.”
Gabor Lukacs, head of advocacy group Air Passenger Rights, hailed the verdict to Do Not Pass Go as an affirmation of passengers recording their interactions with airline staff, which he stresses is perfectly legal to do.
“They did the right thing – this is exactly what we recommend passengers to do. Collect the evidence and do not let the airline intimidate you into deleting it,” Lukacs said in an email.
“This decision is a major victory not only for these passengers, but for passengers across Canada because it sets a precedent of holding airlines accountable for making bogus security/safety claims as a cover up for giving a power trip to innocent passengers.”
Air Transat is Canada’s third or fourth largest airline, depending on measure, after Air Canada, WestJet and Porter. Air Canada had attempted to acquire Air Transat several years ago, but called the deal off in 2021 after European regulators refused to allow it, despite the Canadian government’s approval of the transaction.
*A spokesperson for Air Transat did reply to say the company has complied with the judgment and will not be commenting further.
This ruling bypasses the intended regulatory process. The Canadian Transportation Agency (CTA), which enforces the *Air Passenger Protection Regulations*, currently faces a backlog exceeding 70,000 complaints. This Hamilton case demonstrates passengers seeking timely remedies in small claims court when the official system is overburdened.