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
Spectacular aurora light show to be seen across Canada Friday night
A rare and severe solar storm is expected to bring spectacular displays of the northern lights, also known as aurora borealis, across much of Canada and parts of the United States on Friday night.
Town of Fort Nelson, B.C., ordered to evacuate due to wildfire
The entire town of Fort Nelson, B.C., as well as the nearby Fort Nelson First Nation, has been ordered to evacuate due to an out-of-control wildfire.
Bouchard lifts Edmonton Oilers to 4-3 overtime win over Canucks in Game 2
Evan Bouchard scored 5:38 into overtime and the Edmonton Oilers bounced back for a 4-3 win over the Vancouver Canucks in the second round of the Stanley Cup playoffs on Friday.
McGill University seeks emergency injunction to dismantle pro-Palestinian encampment
McGill University has filed a request for an injunction to have the pro-Palestinian encampment removed from its campus.
Which Canadian cities have the highest and lowest grocery prices?
Where you live plays a big factor in what you pay at the grocery store. And while it's no secret the same item may have a different price depending on the store, city or province, we wanted to see just how big the differences are, and why.
Swarm of 20,000 bees gather around woman’s car west of Toronto
A swarm of roughly 20,000 bees gathered around a woman’s car in the parking lot of Burlington Centre.
Video shows naked raccoon catching B.C. family by surprise
When Marvin Henschel spotted a strange and hairless creature wandering through a front lawn in B.C.'s Lower Mainland, he could barely believe his eyes.
Barron Trump declines to serve as an RNC delegate
Former U.S. President Donald Trump's youngest son, Barron Trump, has declined to serve as a delegate at this summer’s Republican National Convention, according to a senior Trump campaign adviser and a statement from Melania Trump's office.
Out-of-control wildfire prompts evacuation alert for Fort McMurray, Saprae Creek Estates Friday night
An evacuation alert was issued for two Wood Buffalo communities Friday night, as crews battled an out-of-control wildfire near Fort McMurray.