Sask. man's lawsuit is thrown out after he misses a call from court
A Saskatoon man's lawsuit against his travel agent was dismissed because he missed a call from the courthouse.
Rostam Alawis claimed his travel agent made mistakes on his family's tickets to Iraq that resulted in two missed flights. He was seeking $12,530 in damages.
On May 29, 2023, the matter was in front of a judge at Saskatoon Provincial Court. Both parties were supposed to appear by phone.
Alawis said he was eagerly waiting for the call, but never received it.
The court clerk attempted to call Alawis "multiple" times, according to court records.
Because the plaintiff couldn't be reached, the case was dismissed.
Alawis said after 11:30 a.m., he called the courthouse. That’s when he realized his phone was on airplane mode — a setting that disables cellular connection.
"My phone was on airplane mode accidentally without me knowing," Alawis said.
Alawis said he doesn't know why his phone was on this setting.
“I don’t know how it happened.”
Alawis initially maintained the court never called him, and his phone provider confirmed he had no incoming calls that morning. He later explained his phone was on airplane mode.
"So, essentially, I have two explanations from Mr. Alawis. One of them is contradicted by the court record and the other is not an adequate explanation," the judge ruled.
The judge found that airplane mode is "unfortunate, but it does not constitute a reasonable excuse for not appearing."
"Similar to if someone forgot the date, or came at the wrong time, or something similar, the court does not consider that to be reasonable excuse."
Alawis appealed the judge's decision and took the matter to Saskatoon's Court of King's Bench.
Justice Naheed Bardai sided with the provincial court judge.
"The judge was not satisfied with Mr. Alawis' somewhat evolving explanation. I find no reversible error in that conclusion," Bardai ruled on March 20.
"I do not accept that checking the settings on his cell phone was beyond Mr. Alawis' control."
Defence lawyer Ari Goldkind says there are situations where courts can forgive missed appearances.
"There is, particularly in the civil court system, a tremendous amount of grace if there are legitimate reasons for missing a court appearance — a car accident, a medical emergency, childcare or daycare obligations that pop up," Goldkind told CTV News.
Goldkind said Alawis's reasoning was missing due diligence.
Alawis doesn't believe it's fair for his case to be dismissed over a missed call, and thinks some sort of penalty would be appropriate.
"I've been victimized. Me and my family, we are a victim of a travel agency person who is not doing his job professionally,” Alawis said.
"I missed a phone call. I understand that I shouldn't have, but it happened. Why not let me come back to the justice system?"
CTVNews.ca Top Stories
Grandparents killed in wrong-way crash on Hwy. 401 identified
A 60-year-old man and a 55-year-old woman killed in a wrong-way crash on Highway 401 earlier this week have been identified by the Consulate General of India in Toronto.
Police arrest 3 Indian nationals in killing of B.C. Sikh activist Hardeep Singh Nijjar
Three people have been arrested and charged in the killing of B.C. Sikh activist Hardeep Singh Nijjar – as authorities continue investigating potential connections to the Indian government.
Suter scores late goal, clinches series for Canucks
Pius Suter scored with 1:39 left and the Vancouver Canucks advanced to the second round of the NHL playoffs with a 1-0 victory over the Nashville Predators on Friday night in Game 6.
TD worst-case scenario more likely after drug money laundering allegations: analyst
TD Bank Group could be hit with more severe penalties than previously expected, says a banking analyst after a report that the investigation it faces in the U.S. is tied to laundering illicit fentanyl profits.
Quebec man who threatened Trudeau, Legault online sentenced to 20 months in jail
A Quebec man who pleaded guilty to threatening Prime Minister Justin Trudeau and Premier François Legault has been sentenced to 20 months in jail.
Human remains found in rural Sask. possibly a decade old, RCMP say
RCMP say human remains found in a rural area in central Saskatchewan may have been there for a decade or more.
Britney Spears 'home and safe' after paramedics responded to an incident at the Chateau Marmont, source tells CNN
A source close to singer Britney Spears tells CNN that the pop star is 'home and safe' after she had a 'major fight' with her boyfriend on Wednesday night at the Chateau Marmont in West Hollywood.
Canadian doctor concerned new weight-loss drug Wegovy may be used inappropriately
As Wegovy becomes available to Canadians starting Monday, a medical expert is cautioning patients wanting to use the drug to lose weight that no medication is a ''magic bullet,' and the new medication is meant particularly for people who meet certain criteria related to obesity and weight.
Drew Carey is never quitting 'The Price Is Right'
Drew Carey took over as host of 'The Price Is Right' and hopes he’s there for life. 'I'm not going anywhere,' he told 'Entertainment Tonight' of the job he took over from longtime host Bob Barker in 2007.