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Digest of the Week — No Negligence in Not Allowing Passenger to Board Plane

Robotham v. WestJet Airlines |  (westlaw Canada)
2014 CarswellOnt 7043 |  (Westlaw Canada)
Ontario Superior Court of Justice

Transportation | Aviation and aeronautics | Negligence | Miscellaneous

Passenger, who was Canadian citizen, boarded plane in Toronto for Jamaica, using Canadian Citizenship Card but not passport — Upon attempting to leave, passenger was not permitted to board plane without passport, although he provided other identification — Passenger obtained Jamaician passport after two weeks and ultimately returned to Canada — Passenger brought action against airline in negligence — Action dismissed — Passenger did not have passport and was not able to meet requirements — to prove he was Canadian citizen — Passenger was therefore not entitled to travel to Canada and airline was entitled to refuse to allow him to board — Airline acted reasonably — Airline fulfilled requirements under contract and there was no other basis for negligence — Airline had concern regarding travel using false documents — Airline was following direction of Canadian Border Services Agency, and attempting to ensure compliance with its obligations under Immigration and Refugee Protection Act — Refusal by airline to allow passenger to board his return flight related to rights and obligations relating to air travel to destination in Canada and was not determination by officer under immigration and Refugee Protection Act of right to enter Canada on arrival — Airline did not violate Identity Screening Regulations under Aeronautics Act.
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