Tobacco.org

Dr. I. Gasson
112 Caroline
Chicoutimi
Quebec G7G 4A8
Canada
e-mail. livo@saglac.qc.ca
Tel/Fax.(418) 690-1330

December 11, 1995

[Airline] HAD TO PAY DAMAGES AND COSTS TO A PASSENGER FOR BREAKING NON SMOKING REGULATIONS ON INTERNATIONAL FLIGHT

It occurred on [Airline] Flight 2410 May 12, 1993 Quebec City to London (Gatwick) Schedule: Depart 22.30 Arrive 09.30

SUMMARY

1. I BELIEVE THAT THIS IS THE FIRST TIME THAT A PASSENGER HAS WON A

CASE OF THIS NATURE AGAINST AN AIRLINE

2. My flight was the first of series of TWENTY weekly flights, of the same duration, scheduled from May 12, to September 30, 1993.

ALL OF THEM SHOULD HAVE BEEN NON SMOKING FLIGHTS. (See NOTE below).

3. [Airline] received my complaint in December`1993.

4. I will provide further information to anyone interested.

THE FACTS ARE AS FOLLOWS:

On December 6, 1993, I wrote to Mr Philip Sureau, Exec. V. P. [Airline], Montreal, asking for reasonable compensation for being forced to inhale second hand smoke on the above SIX HOUR FLIGHT that was in breach of "The Non-Smokers' Health Regulations" of the Canadian Government.

On December 7, 1993, a Mr A__________ (WHO DID NOT HAVE THE COURTESY TO REPLY TO ME), sent a reply to the CAA (where I bought my ticket). I received a copy, from the CAA, in January 1994. The reply stated "eighteen smoking seats were permitted, as per Transport Canada". In fact, it was a breach of the Non-Smokers' Health Regulations of Transport Canada. THE COMPANY HAD NOT TOLD ME THE TRUTH.

On February 14, 1994, (after a request from the CAA) a Mr. B_______, on behalf of [Airline], sent me a credit for $50.00. (valid for one year, if I TRAVELLED AGAIN WITH THE COMPANY!)

On May 10, 1994, I returned the credit document to [Airline].

On May 31, 1994, Mr B_____ (of [Airline]) sent me a CHEQUE for $50.00! I returned the cheque, demanded reasonable damages, and said if not received, I would go to court.

THE COMPANY DID NOT MEET MY DEMAND. I WENT TO COURT. THE COMPANY LOST.

A JUDGEMENT RENDERED ON NOVEMBER 7, 1995, BY JUDGE RAYMOND BOUCHER, OF THE COURT OF QUEBEC,

(1) stated that my claim had been considered because it had been submitted within three years of the event, after which, (in Small Debts Court in Quebec) claims will not be considered.

(2) AWARDED ME DAMAGES OF $750.00 PLUS INTEREST AND INTEREST.

NOTE: IN 1993, INTERNATIONAL FLIGHTS, ON CANADIAN AIRLINES, THAT HAD SCHEDULES THAT DID NOT EXCEED SIX HOURS, HAD TO BE NON SMOKING. THE SUMMER SCHEDULE SET UP BY [Airline], STARTING IN MAY 1993, FROM QUEBEC CITY TO LONDON HAD TWENTY FLIGHTS OF EXACTLY 6 HOURS, ALL OF WHICH, SHOULD HAVE BEEN NON SMOKING.

IT DOES NOT MATTER, IF FOR REASONS SUCH AS WEATHER, THE FLIGHT ACTUALLY TOOK LONGER THAN SIX HOURS. IT IS THE SCHEDULE THAT COUNTS.

I WOULD BE DELIGHTED TO PROVIDE COPIES OF THE JUDGMENT, AND THE RESULTS OF MY RESEARCH, THAT I USED TO SUPPORT MY CASE.

I HOPE THAT IN THE INTEREST OF PUBLIC HEALTH THAT YOU WILL PUBLISH THIS INFORMATION EITHER AS A LETTER FROM ME OR AS AN ARTICLE. IF YOU WISH TO HAVE MORE INFORMATION, PLEASE CONTACT ME

Dr. I. Gasson

Ref: judgment.951

e-mail livo@saglac.qc.ca

My way of fighting this, is to take subscription inserts from the magazines and having a sticker made, such as 'How Do You justify supporting nicotine addiction which is killing 400,000 Americans annually"

As these are pre-paid, it costs then roughly 45 cents U.S. to have their compliance with tobacco companies.

I am constantly amazed at how many people are doing this. I just heard of the head of a major New York book publishing firm--who certainly has plenty to do with his time--who does this himself(!)