Lankan woman sues SIA
Singapore Airlines is being sued in a Vancouver small claims court by
a Sri Lankan woman after the airline is alleged to have lost a supply of
insulin handed over by her while escorting her elderly, diabetic mother
to Sri Lanka in March 2006.
Sudharma Wijeyasekara is seeking about C$ 9,000 in expenses and
damages on behalf of herself and her mother, Jayaseeli Lokuliyanage, 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.
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. Vancouver Sun |