Loss of Enjoyment (Vacation)

Eltaib and Touram, 2010 ONSC 834 (CanLII)

[23] The issues raised in this lawsuit may be summarized as follows:

1. Was there a contract with Air Canada Vacations?

2. If so, is there privity of contract between the plaintiffs and defendant?

3. If so, does the contract with its clauses limiting liability and disclaimers bind the plaintiffs?

4. What is the impact of the Travel Industry Act, 2002, S.O. 2002, c. 30 on the facts of the case?

5. What representations were made and were they accurate?

6. Was there a breach of contract?

Before dealing with these issues, it is important to note that in spoiled vacation cases, damages for disappointment, distress and out of pocket expenses can be awarded. See, for example, the seminal decision in Jarvis v. Swans Tour Ltd., [1972] 3 W.L.R. 954 (C.A.); and later decisions such as Kent v. Conquest Vacations Co. (2005), 2005 CanLII 2321 (ON SCDC), 194 O.A.C. 302 (Div. Ct.); Sokolsky v. Canada 3000 Airlines Ltd., [2002] O.J. No. 3085 (S.C.J.).