A Penticton psychologist has filed a civil lawsuit against Air Canada over an alleged incident in 2018. (Mark Brett - Western News)

A Penticton psychologist has filed a civil lawsuit against Air Canada over an alleged incident in 2018. (Mark Brett - Western News)

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 by Bonnie Hayes, a Penticton psychologist, alleges 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 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 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

The health authority will occupy the building until October 31, 2021. File Photo
Health authority pays town $7.4K monthly to lease Riverside Centre

Facility is being rented for COVID vaccinations

THE CANADIAN PRESS/Darryl Dyck
B.C.’s mass vaccination program will be delivered to Princeton residents from a clinic set up at the Riverside Community Centre. (Darryl Dyck/CP photo)
COVID vaccinations bookings began for local residents last week

Riverside serves as Princeton’s appointment centre

The Regional District of Okanagan-Similkameen will speed up the process for hospitality businesses looking to set up patios during the latest COVID-19 restrictions. Under the most recent restrictions, indoor dining is prohibited, but patio dining is allowed. (John Arendt - Summerland Review)
Regional District of Okanagan-Similkameen speeds up patio permit approval

Initiative to help hospitality businesses affected by latest COVID-19 restrictions

B.C's COVID-19 dashboard shows the peaks and valleys of cases prior to the record daily report of 132 on April 9, 2021. (Dashboard image)
Interior Health has record day of COVID-19 cases

132 cases reported Friday, April 9, more deaths in Vernon hospital outbreak

Your old lawnmower is an environmental disaster. (courtesy photo)
The perfect lawn is pretty hard on the planet

According the government of Canada, an older mower running for an hour can produce as much air pollution as a new car driving 550 kilometres.

B.C. Health Minister Adrian Dix and Premier John Horgan describe vaccine rollout at the legislature, March 29, 2021. (B.C. government)
1,262 more COVID-19 infections in B.C. Friday, 9,574 active cases

Province’s mass vaccination reaches one million people

A second case of COVID-19 has been confirmed at Vernon’s BX Elementary School. (Kerry Hutter photo)
Second COVID case confirmed at Okanagan elementary school

Exposure at Vernon’s BX Elementary happened April 6 and 7

People walk past the Olympic rings in Whistler, B.C., Friday, May 15, 2020. Whistler which is a travel destination for tourists around the world is seeing the effects of travel bans due to COVID-19. THE CANADIAN PRESS/Jonathan Hayward
Adults living, working in Whistler, B.C., eligible for COVID-19 vaccine on Monday

The move comes as the province deals with a rush of COVID-19 and variant cases in the community

RCMP crest. (Black Press Media files)
UPDATE: RCMP investigating after child, 6, dies at motel in Duncan, B.C.

The BC Coroners Service is conducting its own investigation into the circumstances around the child’s death

Highway 97 being converted to four lanes in April 1990. This photo taken in Lake Country. (Greater Vernon Museum and Archives Photo #14025)
HISTORY: How the old Highway 97 in Lake Country got new name

Pelmewash Parkway recognizes the First Nations history in Lake Country

RCMP display some of the fish seized from three suspects who pleaded guilty to violating the Fisheries Act in 2019, in this undated handout photo. THE CANADIAN PRESS/HO - RCMP
3 banned from fishing, holding licences after overfishing violations near Vancouver Island

Mounties seized the group’s 30-foot fishing vessel and all equipment on board at the time

Flight with COVID
Another Kelowna flight with COVID-19 exposure

Westjet flight on April 5 from Kelowna to Edmonton

Most Read