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
Iran's president and foreign minister die in helicopter crash at moment of high tensions in Mideast
Iranian President Ebrahim Raisi and the country's foreign minister were found dead Monday hours after their helicopter crashed in fog, leaving the Islamic Republic without two key leaders as extraordinary tensions grip the wider Middle East.
Woman in her 30s in critical condition after her truck collided with a Via Rail train near Montreal
A woman in her 30s is in critical condition after the pick-up truck she was driving was struck by a Via Rail passenger train Monday morning in Quebec's Monteregie region.
What is BORG drinking, and why is it a dangerous trend? An expert explains
If you've been to a party lately and haven't seen someone drinking a BORG, you're likely not partying with college students.
U.S. Supreme Court rejects an appeal from a Canadian man once held at Guantanamo
The U.S. Supreme Court on Monday rejected an appeal by a Canadian-born former Guantanamo detainee who was seeking to wipe away his war crimes convictions, including for killing a U.S. soldier in Afghanistan.
The world's best airline is paying staff a bonus of 8 months' salary
Singapore Airlines will reward its employees with a bonus worth nearly eight months of salary, a person familiar with the matter told CNN on Friday.
Britain slammed in inquiry for infecting thousands with tainted blood and covering up the scandal
British authorities and the country's public health service knowingly exposed tens of thousands of patients to deadly infections through contaminated blood and blood products, and hid the truth about the disaster for decades, an inquiry into the U.K.'s infected blood scandal found Monday.
ICC prosecutor seeks arrest warrant for Israeli and Hamas leaders, including Netanyahu
The chief prosecutor of the International Criminal Court said Monday he is seeking arrest warrants for leaders of Israel and Hamas, including Israeli Prime Minister Benjamin Netanyahu, over actions taken during their seven-month war.
What we know so far about the helicopter crash that killed Iran's president
The apparent crash of a helicopter carrying Iran's president and foreign minister on Sunday sent shock waves around the region.
Red Lobster seeks bankruptcy protection with US$100 million in financing commitments
U.S.-based restaurant chain Red Lobster has filed for Chapter 11 bankruptcy protection in a Florida court after securing $100 million in financing commitments from its existing lenders, the company said on Sunday.