The Vancouver Sun
17th Jan 2008
Gerry Bellett
VANCOUVER - Singapore Airlines is being sued in small claims court after the airline is alleged to have lost a supply of insulin handed over by a Vancouver woman escorting her elderly, diabetic mother to Sri Lanka in March 2006.
Sudharma Wijeyasekara is seeking about $9,000 in expenses and damages on behalf of herself and her mother, Jayaseeli Lokuliyange, 80.
In November at a pre-trial conference, the airline argued the case must be heard in B.C. Supreme Court as the provincial court, which handles small claims matters, didn't have jurisdiction.
But Vancouver Provincial Court Judge Ross Tweedale dismissed the airline's claim and said the Small Claims Act was broad enough in scope to cover claims under the Carriage of Air Act even though it was not spelled out in the act.
"The absence of a reference to the [Carriage of Air] Act and Convention does not in my view limit a claimant bringing a claim . . . in the B.C. Provincial Court," Tweedale ruled.
Wijeyasekara is being represented by Nathalie Hillary, a member of the UBC Law Student Legal Advice Program.
Hillary said had the matter been forced to B.C. Supreme Court, her client would have had to drop the claim.
"The airline didn't want small claims hearing this but my client couldn't afford having the case go to the Supreme Court," she said.
Wijeyasekara claims that when the flight from Vancouver stopped over in Korea and passengers were asked to leave, she asked a flight attendant to return the insulin but was told the medication should be left in the fridge as they would be reboarding the same aircraft.
After her mother had eaten a meal on the flight from Korea to Singapore, Wijeyasekara claims she asked the flight attendant to bring her the insulin -- a six-month supply -- but there was no trace of it in the fridge and a search of the galley area failed to find it.
The loss of the insulin resulted in her mother going without medication for two days until the pair arrived in Colombo, causing great stress and anxiety, she claims.
http://www.canada.com/vancouversun/news/westcoastnews/story.html?id=8f90420c-3cbe-4878-9535-eea98142d5cc
