Airline Denied Your Compensation Claim? Know Your Rights as a Passenger

When Airlines Deny Your Claim

Flight delays, cancellations, and lost luggage are frustrating enough on their own. But when an airline refuses to compensate you — blaming weather, operational issues, or other factors outside their control — it can feel like there is nothing you can do. That is not always the case.

In a recent decision, Singh v. Air Canada, 2026 ONSC 2983, the Ontario Divisional Court reinforced the rights of airline passengers to pursue compensation through the courts — even when the airline tries every available argument to shut the claim down.

What Happened in Singh v. Air Canada

Alka Singh purchased Air Canada tickets for her sister and niece to fly from Winnipeg to New Delhi for a family wedding in December 2023. A snowstorm closed Munich airport, and Air Canada rerouted the flight to St. John's, Newfoundland. The passengers missed their connecting flights, were stranded, had to pay for hotels and meals, and their luggage was delayed for nine days — meaning they had to buy replacement clothing and essentials when they finally arrived in India.

Air Canada denied all compensation, pointing to the weather as the cause of the disruption. When the family tried to recover their losses through Small Claims Court, Air Canada brought a motion to strike the entire claim — and initially succeeded.

Fighting Back on Appeal

Represented by Ken Wise, the appellant took the case to the Ontario Divisional Court. The court found that the lower court had made multiple legal errors in striking the claim and allowed the appeal. The order striking the pleadings was set aside, and the matter was sent back for a full hearing.

Air Canada was also ordered to pay $7,000 in costs. The court took particular note of Air Canada's aggressive litigation posture, including its attempt to recover over $7,600 in costs at the Small Claims Court level — far exceeding the usual $100 presumptive costs award.

What This Means for Passengers

This case is an important reminder that airlines cannot simply deny valid claims and expect passengers to go away. Even when disruptions are caused by weather, passengers may still have legal rights — particularly when the airline's response to the disruption causes additional harm, such as failing to rebook promptly, losing luggage, or refusing to cover reasonable expenses.

Canadian air passengers also have protections under the Air Passenger Protection Regulations, which require airlines to provide compensation and assistance in certain delay and cancellation scenarios.

Can a Family Member File the Claim?

One of the key legal issues in this case was whether a family member who purchased the tickets could pursue the claim on behalf of the passengers. The Divisional Court confirmed that under Ontario's Conveyancing and Law of Property Act, claims can be validly assigned — and that a family member who paid for the tickets has a legitimate interest in recovering their losses. This is an important point for families where one person books and pays for travel on behalf of others.

What You Can Do

If your flight was delayed or cancelled and the airline has denied your claim for compensation, you have options. You do not have to accept the airline's refusal as the final word. A lawyer experienced in civil litigation can assess whether you have a valid claim and help you pursue it — whether through a regulatory complaint, Small Claims Court, or a higher court if necessary.

Ken Wise and Associates has experience taking on airlines and other large corporations on behalf of everyday consumers. Contact us for a free consultation. Call (647) 288-5531 or visit kenwiseandassociates.ca.