This month, two passengers from a July 2019 Air Canada flight that diverted to Hawaii after severe turbulence lost their case in an Australian court, which ruled that Air Canada did not waive the compensation limits outlined in the Montreal Convention. The plaintiffs claimed spinal and psychological injuries and argued that Air Canada’s terms indicated no financial limits for passenger injuries, but the High Court unanimously dismissed their case, asserting that the airline’s liability provisions adhere to the Convention’s stipulations. The Montreal Convention limits airline liability for injuries to approximately $277,940 Canadian, allowing passengers to seek compensation for injuries sustained onboard, including those from turbulence.
