[The_Judge]

Originally Posted by Cisserro

You see what I mean Ms Kirby? This donkey Mr Doofus Judge is insisting that all the information is available on some site after you said you could not find it. You are asking pertinent questions as to who you should name and where you should serve the Defendant. Someone talked about breach of contract, but breach of contract is what is called a common law action while your claim should be worded such that it falls under the Montreal Convention. You are not allowed to bring a common law action where the Montreal Convention applies, otherwise your case will fall even before it starts and the airline will walk away laughing. If you want to listen to a so called Judge who got fired from his job at Northwest and ended up in Thailand living with a *****, so be it.

You've got some serious mental issues. This site can have you. I'm done with it. If you weren't such a condecending ****, you might be useful. And to presume you know about personal information and keep spreading lies is childish. But you can have it. I'm done with this board. Have fun.

[kirb20]

Judge, respectfully I disagree. I was asking for information on who I should address the legal papers to at Delta specifically, not where to find information on the Ontario court locations. None of the links dealt with this particular issue. Both the links from the previous posts, and the one you again referenced, did not pertain to this question.

I do appreciate your assistance and advice however.

[Butch Cassidy Slept Here]

The Ministry of the Attorney General of Ontario advises that claims may be filed, against a defendant…

“…where the party…carries on business…”

Accordingly you should file in the small claims court serving Pearson Airport (“YYZ”) As to where Delta should be served: Unless, like in the USA, Delta has a “legal process service address” in Ontario I would have Delta served at Pearson Airport.

A guide to filing a small claims action in Ontario can be found at:

http://www.attorneygeneral.jus.gov.o...c/b4aClaim.asp

and,

http://www.attorneygeneral.jus.gov.o...a_Claim_EN.pdf


In addition you should consider mailing a complaint to the Canadian Transportation Agency (“CTA”) in Ottawa. Copies of all correspondence between you and Delta must be included with your complaint. The mailing address, and other contact information, for the CTA is at:

https://www.otc-cta.gc.ca/doc.php?sk...ntact&lang=eng

Information as to what types of complaints the CTA will respond to is located at:

https://forms.cta-otc.gc.ca/pta-atc/form_eng.cfm?Info


As a condition of doing business in Canada, Delta Air Lines, like any foreign corporation, must comply with the laws and regulations of the Governments of Canada and Ontario.

Finally, in the event you are successful in any court action or complaint with the CTA, Delta may try to avoid a cash settlement with you by offering flight vouchers. I would strongly advise against accepting such offers. This board has had more than one posting relating problems with using said vouchers. My opinion of flight vouchers is that, regardless of the airline, they’re not worth the paper they’re printed on.

[Butch Cassidy Slept Here]

Don't know which is worse: A Tobagan drunk, or a cyber criminal in Moscow.

[kirb20]

thank you for that information, it was useful. I am still not sure if I have to address it to a specific individual though. Does it have to be marked to a specific person's attention? some of what I read indicates that it needs to be received by someone in a managerial role, or who is directly involved. I am not sure if I serve "Delta Airlines" if it will just get lost in the administrative offices and never make it to anyone who cares...

[jimworcs]

In the UK, no specific named person is required, but you might consider calling the small claims court and asking them. I find they are usually very accommodating.

[Butch Cassidy Slept Here]

Does it have to be marked to a specific person's attention?

No. But it DOES have to be sent to an address the court recognizes as a valid address for the purpose of service of process. The on-line information, from the Ontario Attorney General’s office, seems to indicate this can be any location, in Ontario, from which the defendant does business. The clerk of the court should be able to tell you whether a company must be served at a specific, process serving, address or any address at which they maintain a physical presence.

The Ontario AG’s office also stresses the importance of filing your court complaint with the name the defendant is registered to do business under. In the USA, Delta is registered as:

DELTA AIR LINES, INC.

In Canada, Delta could be doing business through a subsidiary, such as: “Delta Air Lines, Ltd.”

By paying a fee you might be able to obtain the registered name and address from which Delta does business in Ontario. Try this link:

http://www.ontariobusinesscentral.ca...ate-search.asp

BEFORE filing your action you should send a “demand letter” to the address you intend to serve Delta at. In the USA, a demand letter is a precondition to a court considering a small claims action. The purpose of the demand letter is to give the defendant one last opportunity to pay. It should read something like:

“You caused me to sustain losses in the following amounts as a result of out-of-pocket payments to the parties listed.” “I must receive a check, from you, in this amount within 45 days or I will file suit to recover said sum.”

Your “demand letter” should be sent by certified mail, return receipt requested. After the deadline for payment has passed, you may file your suit.

In addition to mailing a complaint to the Canadian Transportation Agency, you can also mail a complaint to the United States Dept. of Transportation (“DOT”), Aviation Consumer Protection Division. Contact, and other information, is at:

http://airconsumer.ost.dot.gov/CP_AirlineService.htm

US based airlines pay close attention to complaints forwarded to them by the DOT. However, the courts should be relied upon if you are looking for a cash payment. The best you can expect by going through the DOT are an offer (from Delta) of the worthless travel vouchers I mentioned previously.