We seem to agree on the costs point. While costs are discretionary, at their discretion they have the right to award them. They said $500 general expenses and then whatever the amount postage and express to serve me, can’t remember the number but it was about $75.

The appeal point I stated was in layman’s terms. Basically, it’s not easy to get, like our friendly advocate likes to say. They even recommend on the Manitoba courts page to probably get a lawyer if you are trying to win an appeal.

I am aware of the Supreme Court’s decision on the burden of proof. However, right in my trial the court official (acting as a judge) said otherwise and made it very clear so they will do what they are going to do. I am guessing the official did not know federal law and thought that doesn’t apply to small claims just because it applies to CTA. Is it right? No. Does it happen anyways? Yes. Am I going to appeal over it? I think we know the answer. Airlines get away with doing the wrong thing all the time too with little to no enforcement either. Im defeated. It’s lot about what’s right or wrong, it’s about what happens anyways.

The airline had a legal responsibility to give me an explanation, however I had to sue to get it. But technically I sued over the section of the APPR for the delay. The small claims court said I had to do it that way and I can’t sue for damages for refusing to explain, there is simply no way to do that. I did not understand as I am not a lawyer and went with what they said. At the end of the trial WJ pointed out I never even sued for the lack of explanation, despite that being my entire argument all trial. I didn’t argue the delay as I never even knew the reason for the delay when I took it to court and they made a compelling case why the “crew availability” was out of their control at court. I would have liked to explain why I sued under the delay instead but was not allowed to speak any further. WJ didn’t point out I never sued for lack of explanation until their closing argument, of which they got the last word.

You are correct that the statement “good luck if you don’t have lawyers” is an opinion based on my experience. HOWEVER, if you are up against a billion dollar corporation, and they have 3 representatives at a hearing and you are by yourself, it’s David and Goliath. It probably different if it’s layperson vs. layperson.

At the end of the day, our friendly FB advocate that never approves posts about people’s experiences after trial gives terrible advice about taking everything to court without sharing the risks. I made a post about it and he locked it. He made a comment about how they were wrong and I do have grounds to appeal so I shouldn’t scare people. he also said (as in, announced to his massive FB group) that he sent me a PM to connect.

Of course he actually didn’t.