Israeli family loses suit against Air Canada after flight canceled on Oct 7

Family, which includes three young children, claimed the airline canceled their return flight to Israel and only offered an alternative three months later, forcing them to cover significant living expenses abroad

An Israeli family stranded in the United States following the October 7, 2023, attacks has lost a lawsuit against Canadian airline Air Canada seeking NIS 70,000 in compensation for a canceled flight.
The family, which includes three young children, claimed the airline canceled their return flight to Israel and only offered an alternative three months later, forcing them to cover significant living expenses abroad.
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מטוס אייר קנדה
מטוס אייר קנדה
(Photo: Shutterstock)
The Jerusalem Small Claims Court rejected the lawsuit and ordered the family to pay roughly NIS 3,000 in legal fees. Court registrar Abigail Van-Kerfeld criticized the plaintiffs, saying the airline “was harassed by the plaintiffs in an attempt to obtain funds to which they were not legally entitled.”
The family had traveled to the U.S. to visit the father’s ailing mother, with their return flight scheduled for October 9, 2023. The flight was canceled due to the outbreak of the Iron Swords War. According to the lawsuit, Air Canada offered them a return flight on January 16, 2024—three months after the original date—causing extended costs for the family.
The court noted that during this period the family stayed with relatives, the mother worked remotely, the father studied at a religious institute and the children attended U.S. educational programs at a discounted rate. The family estimated their additional expenses due to the canceled flight at around NIS 70,000.
Air Canada argued the cancellation fell under “force majeure” or special circumstances and that the plaintiffs had not shown they requested assistance from the airline at the time.
In her ruling, Van-Kerfeld wrote that the plaintiffs had “chosen to delay returning to Israel until after the war” and that “the decision to remain abroad was voluntary, whether for family reasons or due to the conflict.” She said there was no basis for reimbursement or compensation.
The court also criticized the way the complaint was written, noting it unfairly suggested the airline acted for business reasons and abandoned passengers during a crisis. “The airline is not responsible for the war. It operates within the conflict and the lawsuit was inappropriately directed against it,” Van-Kerfeld wrote.
The case comes after February 2025 amendments to Israel’s Air Services Law, which updated airline obligations for cancellations or changes during extraordinary circumstances including conflicts. Flights between October 7 and November 20, 2023—including the family’s canceled flight—were exempted from compensation requirements.
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