B.C. woman in wheelchair sues Air Canada after staff lift her into seat without consent

Bonnie Hayes alleges Air Canada employees lifted her out of a wheelchair without her consent

A Penticton woman who uses a wheel chair has launched a civil lawsuit against Air Canada, claiming the airline company acted negligently after employees lifted her out of her wheelchair without her consent prior to her return flight from Vancouver to Penticton in 2018.

According to documents obtained by the Western News, the lawsuit filed last week in Penticton Supreme Court alleges Bonnie Hayes, a psychologist, was injured when two Air Canada employees “unilaterally” decided to lift her into an airplane seat, causing her immediate pain and damage to her shoulders and upper arms.

“Dr. Hayes cried out in pain during the incident and one of the two men involved, apologized,” states the lawsuit.

None of the allegations have been proven in court.

READ MORE: Air Canada cuts fourth flight from Penticton to Vancouver

According to the statement of claim, Hayes had requested a seat with an armrest that could be elevated – a similar request that had been accommodated on the initial flight from Penticton to Vancouver three days earlier on Dec. 11, 2018, which allowed her to safely transition from the wheelchair to the aircraft seat.

“The injuries, loss and damage have caused and continue to cause Dr. Hayes pain, suffering, loss of enjoyment of life, and loss of earnings, past and prospective and expense for medical treatment,” states the lawsuit.

“All of the injuries, loss and and damage were caused or contributed to by the negligence of the Defendant (Air Canada).”

It also states that Hayes continues to undergo medical care and treatment and members of her family have performed household duties, nursing and other services. As a result, she has experienced direct economic loss because of the time and effort that went into performing those duties, states the suit.

READ MORE: Penticton airport users vent on Air Canada schedule changes

According to information in the suit, the unspecified relief sought includes general damages for pain, suffering, loss of amenities and loss of enjoyment of life. The suit also claims lost income, loss of opportunity to earn income, special damages and damages payable in trust for those who provided services for her.

The suit alleges Air Canada acted negligently by failing to take any reasonable care to ensure that passengers who require extra assistance in boarding would be reasonably safe, and for failing to train its agents and employees properly.

“Failing to get informed consent from Dr. Hayes prior to transferring her from her wheelchair to her seat and unilaterally and improperly transferring Dr. Hayes from her wheelchair to her seat thereby exposing her to damage or injury which the defendant knew or ought to have known would have resulted,” the lawsuit states.

Attempts to contact the doctor were unsuccessful and Air Canada did not respond to an interview request.

As of press time, Air Canada had not filed a response to the civil claim, having 21 days to do so from the Dec. 12, 2019, filing date and had not returned requests for comment on the matter.


 

@PentictonNews
newstips@pentictonwesternnews.com

Like us on Facebook and follow us on Twitter.


 MarkBrett
Send Mark Brett an email.
Like the Western News on Facebook.
Follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Saanich calls for applicants to join Housing Strategy task force

Council to appoint ‘diverse group’ to tackle housing challenges

North Saanich submits ALR exclusion despite large opposition

Opposed North Saanich residents now shift their attention to ALC after 6-1 council vote

B.C. ends short experiment with growler fills at restaurants

Province extends take-out sales of six-packs, wine

VicPD seeking witnesses for fatal crash on Hillside Avenue

A pedestrian was taken to hospital with life-threatening injuries, where she later died

21 new COVID-19 cases confirmed in B.C. as virus ‘silently circulates’ in broader community

Health officials urge British Columbians to enjoy summer safely as surge continues

Greater Victoria Crime Stoppers wanted list for the week of July 13

Greater Victoria Crime Stoppers is seeking the public’s help in locating the… Continue reading

Tough time for tree fruits as some B.C. farm products soar

Province reports record 2019 sales, largely due to cannabis

‘Let’s all do a self-check’: Okanagan mayor reacts to racist vandalism targeting local family

Home of Indo-Canadian family in Summerland was targeted on evening of July 13

Province agrees to multimillion-dollar payout for alleged victims of Kelowna social worker

Robert Riley Saunders is accused of misappropriating funds of children — often Indigenous — in his care

Feds fund safe drug supply pilot program for Cowichan

The opioid overdose crisis continues to be one of the most serious public health crises

B.C. businessman David Sidoo gets 3 months behind bars for college admissions scam

Sidoo was sentenced for hiring someone take the SATs in place of his two sons

PHOTOS: Inside a newly-listed $22M mega-mansion on ALR land in B.C.

The large home, located on ALR land, is one of the last new mansions to legally be built on ALR land

Most Read