The Supreme Court of Canada has ruled that an Ottawa couple will not receive financial compensation from Air Canada over the ordering of a 7UP in French.
Michel and Lynda Thibodeau claimed that Air Canada breached the passengers’ rights to serve them in French under the Official Languages Act on international flights. In 2009, on three international flights the couple claimed that they did not receive services in French, and announcements were not made in French, just English.
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In a five to two ruling the court said that the airline did violate the Thibodeau’s French-language rights, but it did not qualify for monetary damages. In an affidavit filed by the couple it says that Lynda asked a flight attendant for a 7UP in French but was served a Sprite instead. The Thibodeaus applied to the Federal Court for remedies in relation to Air Canada’s breaches of their right to services in French. The couple asked for punitive and exemplary damages but the airline disagreed saying the couple did not suffer any injury as a result of the breaches.
The Federal Court of Canada had awarded the couple damages of $12,000 but that judgement was set aside by the Federal Court of Appeal, which awarded the couple a lesser amount. This isn’t the first time the couple has filed suit in Federal Court, Michel is a crusader for French-language rights and has previously sued Air Canada.
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