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The Australian High Court has dismissed an appeal by passengers injured on an Air Canada flight, affirming the compensation limits set under international aviation law. The judgment, issued on May 14, concluded that Air Canada's liability for damages would remain capped following a turbulence incident in 2019.
The case involved Renae and Stephanie Evans, who claimed ongoing physical and psychological suffering after their flight to Sydney was disrupted by severe turbulence. The appellants argued for uncapped compensation based on Article 25 of the Montreal Convention, which allows for unlimited liability if an airline waives limits. However, the court found no waiver had occurred.
Air Canada's defense maintained that compensation was limited to approximately $240,000 under existing conventions. The court ruled that the injuries were not due to negligence or improper conduct by Air Canada or its staff as outlined in Article 21 of the Montreal Convention.
