Ken Wise Wins Appeal Against Air Canada at Ontario Divisional Court

Case Background

Ken Wise recently secured a significant appellate victory at the Ontario Divisional Court in Singh v. Air Canada, 2026 ONSC 2983. The court allowed the appeal, overturned multiple legal errors made by the lower court, and ordered Air Canada to pay $7,000 in costs.

What Happened

In December 2023, Alka Singh purchased Air Canada tickets for her sister and niece to fly from Winnipeg to New Delhi for a family wedding. Due to a snowstorm closure at Munich airport, Air Canada rerouted the flight to St. John's, Newfoundland. The passengers missed their connections, were stranded, incurred hotel and meal costs, and their luggage was delayed for nine days — forcing them to purchase replacement clothing and essentials upon finally arriving in India.

When Air Canada denied all compensation, blaming the weather, Ms. Singh's sister and niece assigned their claims to her — since she was the one who had paid for the tickets and incurred the financial loss. Ms. Singh then filed a claim in Small Claims Court seeking damages for the delayed flights, lost luggage, and out-of-pocket expenses.

The Lower Court's Errors

A motion judge in Small Claims Court struck the entire claim on the basis that the assignment of claims was invalid, that the lawsuit constituted champerty and maintenance, and that it was an abuse of process. The motion judge also refused to let Ms. Singh amend her pleadings.

The Divisional Court's Decision

Ken Wise successfully argued before Justice Schreck that the lower court had committed multiple legal errors. The Divisional Court found that:

First, the assignment of claims was valid under Ontario's Conveyancing and Law of Property Act, which applies to "any property" — not just real property. Air Canada's own counsel conceded this point at the appeal hearing.

Second, there was no champerty. Ms. Singh had a clear legitimate interest in the litigation because she had paid for the airline tickets and was seeking to recover her own financial losses. The familial relationship between the parties was a justifying reason for the assignment, not evidence of improper motive.

Third, the claim was manifestly not a waste of time or an abuse of process.

Fourth, the motion judge erred by refusing to consider Ms. Singh's request to amend her pleadings before striking the claim entirely.

The Result

The Divisional Court allowed the appeal, set aside the order striking the pleadings, and sent the matter back to Small Claims Court. Ms. Singh was granted leave to amend her statement of claim. Air Canada was ordered to pay $7,000 in costs — with the court specifically noting Air Canada's "aggressive and unforgiving stance" on costs at the lower court level.

Why This Case Matters

This decision reaffirms that family members can assign legal claims to one another when there is a legitimate financial interest at stake. It also demonstrates the importance of pursuing an appeal when a lower court makes significant legal errors — especially when claims are struck without a full hearing on the merits.

If you are dealing with an airline that has denied your compensation claim, or if your case was wrongly dismissed at a lower court, contact Ken Wise and Associates for a free consultation. Call (647) 288-5531 or visit kenwiseandassociates.ca.