Media Releases
Contacts:
Dr. Darren Jakubec: 250-877-2927 (cell)
Lawyer Kate Kempton: 416-571-6775 (cell); 416-981-9374 (office)
Email: Kate
Kkempton
Email: Dr
Darren Jakubec
FOR IMMEDIATE RELEASE
June 21, 2007
AIR CANADA DECIDES TO NOT CARRY ANY MORE PETS IN BAGGAGE HOLD: potential major effect on flying public
Air Canada has just informed the Canadian Transportation Agency that as of July 15, 2007, it will “cease the carriage of pets as checked luggage on domestic as well as international routes...”. This apparently means that unless a passenger can take her pet animal into the passenger cabin with her, they are refusing to fly the pets. This is a significant change for Air Canada.
This change comes as a result of a challenge brought to the Agency by the Jakubecs when their (black lab cross) dog, Sila, died in January 2004 during flights from Smithers BC to Winnipeg via Vancouver. Sila was in the baggage hold. The attendants brought her out to the carousel dead. The autopsy report said that the cause of death was probable carbon monoxide poisoning. Silas untimely death was understandably traumatic for the Jakubecs. Air Canada has not to date given any explanation. However, Air Canada informed the Jakubecs that it (Air Canada) was excluded from any liability for any harm that might come to an animal in transport, because Air Canada’s “tariff rules” said so. In other words, legally they did nothing wrong. But this tariff rule, of which there are many, was not publicly available. The Jakubecs felt this was wrong. They hired a lawyer to get the rules, and this lawyer, Kate Kempton, had to request them from Air Canada’s legal department. “The tariff rules are akin to the contract that customers must adhere to if they accept travel on Air Canada”, says the Jakubecs’ lawyer Kate Kempton, “but unlike most contracts, customers don’t get to see the contract, and yet are deemed bound by it.”
“We didn’t know about this tariff rule when Sila died. Ever since, we have been trying to get the Canadian Transportation Agency to make airlines accountable for flying pets safely in the future. And they finally did. We thought this was good news” says Jakubec.
The Agency ordered Air Canada to inform its passengers to “clearly set out that Air Canada does not limit its liability with respect to direct damages or in case of gross negligence or intentional fault…”
In response to this Order from the Agency, Air Canada has chosen to avoid the issue and liability altogether. “Rather than accept this responsibility and inform its customers, Air Canada has decided to avoid any potential liability for what it might do wrong in causing harm to animals,” says Dr. Jakubec. “All we wanted was to hold Air Canada accountable and to ensure there was something in place so what happened to us wouldn’t happen to another family. Rather than fly pets safely, it seems they would rather not fly them at all. The public should know about this.” says Jakubec.
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