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Two passengers have lost their High Court case against Air Canada over alleged injuries suffered on a turbulent flight in 2019.
Renae and Stephanie Evans, who claimed to have suffered psychological trauma and spinal injuries when their plane suddenly dropped amid severe clear-air turbulence on board Air Canada Flight 33 from Vancouver to Sydney on 11 July 2019, had appealed for higher compensation from the airline.
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According to Renae Evans, she sustained an injury to the discs in her neck, which required surgery, while Stephanie Evans said she had suffered soft-tissue damage across her whole spine.
The pair had argued that Air Canada had subjected itself to unlimited liability under the Montreal Convention – which normally caps at around $224,000 if passengers are killed or injured, whether or not the airline was at fault – with its rule that there are “no financial limits in respect of death or bodily injury”.
While the NSW Supreme Court initially sided with the passengers, the NSW Court of Appeal overturned the ruling and the High Court ultimately dismissed the case with costs this week, finding that Air Canada’s tariff or conditions of carriage “[do] not use the language of waiver, nor does it use the language of raising or abolishing the limit”.
The airline may still be required to pay some compensation to each of the two plaintiffs, whose claims have not yet been decided.
Fifteen crew and 269 passengers were on board the 777-200LR, C-FNNH, when it experienced severe clear air turbulence some 640 nautical miles southwest of Honolulu. A report from Canada’s Transportation Safety Board (TSB) said 31 passengers and six cabin crew suffered minor injuries. The flight diverted to Honolulu and landed about two hours and 15 minutes later.
“For the first few hours of the flight, the aircraft was flying in smooth air and clear of cloud. At approximately 1350, the cabin crew started preparing service carts in the galleys in order to begin the snack service. The seatbelt sign was off,” the TSB wrote in its report.
“At 1400, the aircraft was near the ADOWA waypoint, 640 nautical miles southwest of Honolulu, Hawaii, United States, when it encountered severe turbulence at flight level 340 for 10 to 15 seconds. Several passengers and some of the cabin crew were thrown into the ceiling of the cabin. In total, 37 people (31 passengers and 6 cabin crew) reported sprains, strains, cuts, and bruises.
“The flight crew diverted to Daniel K Inouye International Airport (PHNL), Honolulu, Hawaii, United States, which was approximately 2 hours away. While en route to PHNL, the cabin crew and medical professionals who were among the passengers administered first aid.
“In preparation for landing, fuel was dumped and arrangements were made to have emergency medical services meet the aircraft at the airport.”
The TSB checked the plane’s flight data recorder and found no turbulence before or after the incident.
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