Supreme Court of Canada Rules Against Couple Seeking Compensation in Language Feud

The Supreme Court of Canada (SCC) ruled that the Ottawa couple seeking compensation from Air Canada over language dispute cannot claim for damages. This case had been going on since 2009. The SCC ruled that Air Canada does not have an obligation to provide compensation for the couple who claimed that their rights were violated by the airline when the crew were not able to serve them in French on three occasions on their domestic and international flights between January and May in 2009. In 2011 the Federal Court of Canada awarded the couple $12,000 as compensation from Air Canada while the airline was asked to issue an official apology to the couple. However this judgment was overturned by the Federal Court of Appeal and gave the couple a lower compensation amount.

Michel and Lynda Thibodeau

The couple filed a total of eight complaints against the airline through the Official Languages Commission. They claimed that they did not receive service in French from the airline’s ground crew. They also filed a complaint when Michel was served Sprite instead of 7-Up by the English-speaking flight attendant in another flight. They claimed that on one occasion the announcement for the change of baggage carousel was done in English and was not repeated in French. It is to be noted that the couple are both fluent in English and French and opted to use French as their first language. Michel Thibodeau is a French-language rights crusader.

Earlier court proceedings

In the early days of the case hearings in court, Air Canada admitted they committed four breaches of the Official Languages Act. And that they did not have bilingual flight attendants during the times that the Thibodeaus flew with the airline in 2009. They also admitted that the weather announcement and flight arrival was done by the pilot in English and no translations were provided.

Air Canada’s position

According to Air Canada, they accept that the complaints filed by the couple were legitimate at that time, but also pointed out that the Thibodeaus did not suffer any damage, thus they should not be made to pay. The couple was seeking $525, 000 in punitive damages.

The Federal Court of Appeal agreed with the position the airline presented and reduced the amount that the court initially ordered the airline company to pay. It was then that the Official Language Commissioner brought the case to the Supreme Court on behalf of the couple.

Supreme Court ruling

The Supreme Court of Canada heard the case and issued its ruling last Tuesday. While their rights were violated for not receiving any service from the airline company in French, the court, in a five-two vote ruled that their complaints do not merit any monetary reward for damages. SCC Justice Thomas Cromwell said that according to the 1999 Montreal Convention, payment by international carriers for damages are only permitted in case of delay, loss of luggage, injury or death. There were no conditions indicated in the international treaty that applied to the Thibodeaus.

Image Copyright: josefpittner / 123RF Stock Photo