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

Sunset Manor, an assisted living facility in Chilliwack, is among five such facilities in the Fraser Health region to have confirmed cases of COVID-19 among staff members, on Oct. 21, 2020. (Paul Henderson/ Progress)
Confirmed case of COVID-19 at Chilliwack assisted living facility

Staff members at five Fraser Health care homes have tested positively for coronavirus

Local photographer Wolf Drescher spotted film crews set up along Esplanade Avenue in front of Canwest Art Gallery on the Lake on Thursday, October 1. Film production crews working on ‘Solitary’ will be around the area until close to the end of the month. (Contributed Photo/Wolf Drescher)
“Solitary” Update: Dramatic action scene to be filmed in Agassiz

‘Solitary’ will film a break-in, getaway at Kent Outdoors

About 2,000 people were without power in the Agassiz-Harrison area after a wire dropped on Morrow Road in Agassiz. (Contributed graphic/BC Hydro)
Power restored after downed line near Agassiz Christian School

Crews restored power after about four hours

Police tape is shown in Toronto Tuesday, May 2, 2017. (Graeme Roy/The Canadian Press)
CRIME STOPPERS: ‘Most wanted’ for the week of Oct. 18

Crime Stoppers’ weekly list based on information provided by police investigators

More and more electric cars are on the road, but one Chevy Bolt owner was shocked to see how much his BC Hydro bill skyrocketed once he started charging the vehicle. (Black Press file photo)
Rosedale man sees significant spike in BC Hydro bill after purchasing electrical vehicle

An increase should be expected, but Brian Chwiendacz experienced a 200-plus per cent hike

Provincial health officer Dr. Bonnie Henry presents modelling of COVID-19 spread in B.C., March 25, 2020. (B.C. government photo)
B.C. sets another COVID-19 record with 203 new cases

up to 1,766 active cases in B.C., two more deaths

RCMP. (Phil McLachlan - Black Press Media)
British Columbia man dies during ski trip near glacier west of Calgary

Kananaskis Public Safety and Alpine Helicopters responded around 2:30 p.m.

Prime Minister Justin Trudeau arrives on Parliament Hill in Ottawa on Monday, Oct. 19, 2020, following a week-long break for the House of Commons. THE CANADIAN PRESS/Sean Kilpatrick
One crisis after another for Trudeau since last federal election one year ago

It has been a year of unprecedented calamity and crisis

Rio Tinto Alcan’s aluminum smelter at Kitimat competes against producers in the Middle East and Russia that have no carbon tax. (Rio Tinto)
B.C. carbon tax highest in Canada, export industries unprotected

B.C. NDP, B.C. Liberals say they’re looking at exemptions

Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

In this file photo, snow is seen falling along the Coquihalla Highway. (Liam Harrap/Revelstoke Review)
Weather statement issued for Coquihalla, Hwy 3, as arctic front approaches

The early season snowfall expected to hit Fraser Valley, Friday, Oct. 23

(Pixabay)
Vancouver teacher suspended after swearing, touching students and complimenting underwear

McCabe touched students, including rubbing their backs and necks, touching their hair and hugging them

Most Read