Upon retrieving her baggage after a domestic flight from Toronto to Winnipeg, Ms. Kipper noticed that it was dented, and reported this to WestJet’s baggage service desk. She was told that WestJet was not responsible for “normal wear and tear.” Ms. Kipper complained to the Canadian Transportation Agency (CTA), which issued its decision on July 21, 2010 finding WestJet liable for the damage to the luggage. In keeping with a recent series of decisions that may broaden the scope of liability of air carriers, the CTA confirmed that air carriers are liable for loss or damage to baggage, unless the damage was caused by an inherent defect, quality or vice of the baggage.
