B.C. woman in wheelchair sues Air Canada after staff lift her into seat without consent

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

Interior Health reported 91 new COVID-19 cases in the region Jan. 20, 2021 and three additional deaths. (Jennifer Smith - Morning Star)
95 new COVID-19 cases in Interior Health, two deaths

Another member of Vernon’s Noric House has passed

KBFR
Driver taken to hospital after hitting ditch near Genelle

Kootenay Boundary first responders attend single vehicle accident, RCMP investigate

Long-term care staff and physicians from the priority group received their first dose of Moderna vaccine on Friday, Jan. 15, including Dr. Corrine Knox. Photo: Submitted
Moderna vaccine arrives in Trail

Vaccine rollout began in West Kootenay with long term care residents and staff the first recipients

The Trail Curling Club closed its doors for the rest of season in response to an extension of provincial health orders. Photo: submitted.
Trail Curling Club cancels remainder of season

The Trail Curling Club had an emergency meeting last week to deal with the PHO extension

The Coldest Night of the Year event will raise money for the local Getting to Home program. Walk virtually or in-person on Feb. 20 – there’s a place for everyone! Photo: Trail Times
Be part of Coldest Night of the Year; be part of a solution for Trail

Proceeds from the Feb. 20 fundraiser will be directed into Getting to Home

Toronto Public Health nurse Lalaine Agarin sets up for mass vaccination clinic in Toronto, Jan. 17, 2021. B.C. is set to to begin its large-scale immunization program for the general public starting in April. THE CANADIAN PRESS/Frank Gunn
B.C.’s COVID-19 mass vaccinations expected to start in April

Clinics to immunize four million people by September

Chief Public Health Officer Theresa Tam speaks during a daily briefing in Ottawa. (THE CANADIAN PRESS/Adrian Wyld)
31 cases of COVID-19 variants detected in Canada: Health officials

Dr. Theresa Tam made announces 13 more variant COVID-19 cases in Canada

Royal Inland Hospital in Kamloops. (Dave Eagles/Kamloops This Week file photo)
COVID-19 outbreak declared at Kamloops’ Royal Inland Hospital surgical unit

Despite 6 South being a surgical unit, RIH said surgeries are continuing at the hospital

Daily COVID-19 cases reported to each B.C. health region, to Jan. 20, 2021. Island Health in blue, Northern Health green, Interior Health orange, Vancouver Coastal in red and Fraser Health in purple. (B.C. Centre for Disease Control)
B.C.’s COVID-19 infection rate stays stable with 508 cases Friday

Vaccine delivered to more than 110,000 high-risk people

Volunteer firefighters from Grand Forks Fire/Rescue head towards the scene of fatal car crash near Gibbs Creek Road, below Highway 3, Thursday evening, Jan. 21. Photo: Laurie Tritschler
Motorist dies in Highway 3 crash west of Grand Forks

City first responders were called to the scene Thursday evening, Jan. 21

Vancouver Giants defenceman Bowen Byram could be playing for Colorado when the NHL resumes play. (Rik Fedyck/file)
Cranbrook product Bowen Byram makes NHL debut with Avalanche

Highly touted prospect marks first pro game following World Junior tournament in Alberta

The District of Saanich’s communications team decided to take part in a viral trend on Thursday and photoshopped U.S. Senator Bernie Sanders into a staff meeting photo. (District of Saanich/Twitter)
Bernie Sanders makes guest appearance municipal staff meeting in B.C.

Vancouver Island firefighters jump on viral trend of photoshopped U.S. senator

School District 57 headquarters in Prince George. (Mark Nielsen, Local Journalism Initiative Reporter)
Prince George school district settles with sexual abuse victim

Terms were part of an out-of-court settlement reached with Michael Bruneau, nearly four years after he filed a lawsuit

Surrey provincial court. (File photo: Tom Zytaruk)
New COVID-19 protocols set for provincial courthouses

The new rules were issued on Jan. 21, and took effect immediately

Most Read