Air Canada faces $175,000 per passenger liability after LaGuardia runway collision kills two pilots

Quick summary

Survivors of the March 22, 2026 Air Canada Express runway collision at LaGuardia Airport can claim up to $175,000 USD per person under the Montreal Convention for death or bodily injury, with a two-year filing window starting from the crash date. The collision killed both pilots when Flight AC8646 from Montreal struck a Port Authority fire truck on the runway, sending 39 of 76 passengers and crew to hospital — six remain hospitalized as of March 24.

The crash runway remains closed until March 27, causing ongoing Air Canada delays and cancellations at LaGuardia. The NTSB investigation revealed the airport’s ASDE-X runway safety system failed to alert controllers because the fire truck lacked a transponder.

Air Canada faces strict liability for passenger injuries from the fatal LaGuardia runway collision under international aviation law, with compensation reaching 128,821 Special Drawing Rights — approximately $175,000 USD — per injured passenger.

The March 22 crash occurred when Air Canada Express Flight AC8646, a CRJ-900 operated by Jazz Aviation, struck a Port Authority fire truck seconds after landing from Montreal. Both pilots — Antoine Forest and Mackenzie Gunther — died on impact. Thirty-nine passengers and crew were hospitalized, with six still receiving treatment four days later.

The 1999 Montreal Convention governs the claims process. Airlines cannot contest liability for the first 128,821 SDR of damages per passenger — survivors need only prove injury, not fault. The two-year statute of limitations starts from the crash date, giving passengers until March 22, 2028 to file.

Passenger rights advocate Gabor Lukacs confirmed Air Canada must process claims regardless of whether the airline, the Port Authority, or the FAA bears ultimate responsibility for the collision. “The Convention creates strict liability,” Lukacs said. “Passengers don’t wait for fault determination.”

What the NTSB investigation revealed

The National Transportation Safety Board’s preliminary findings show the fire truck was cleared to cross the runway seconds before the aircraft touched down. The airport’s ASDE-X runway safety system — designed to alert controllers to ground conflicts — failed to trigger because the truck lacked a transponder.

Cockpit voice recorder data captured tower controllers issuing “stop” commands and pilots transferring control just six seconds before impact. The NTSB go-team arrived on-site within hours and has retained the wreckage for examination.

LaGuardia partially reopened on March 24, but the crash runway remains closed until at least Friday, March 27. Air Canada continues to experience delays and cancellations on all LaGuardia operations. The airline transferred the pilots’ bodies via a dedicated flight from Newark on March 25.

How the claims process works under international law

The Montreal Convention replaced the 1929 Warsaw Convention and standardized airline liability across 137 countries. For flights originating in Canada — like AC8646 from Montreal — the treaty applies automatically.

Airlines must pay the first 128,821 SDR per passenger without contesting fault. Beyond that threshold, passengers must prove the airline’s negligence. The SDR exchange rate fluctuates — as of March 2026, 128,821 SDR equals approximately $175,000 USD, not the $300,000 figure cited in some reports.

US aviation lawyer Kevin Durkin noted passengers could also pursue claims against the Port Authority of New York and New Jersey, which operates LaGuardia, and potentially the FAA if the NTSB determines the ASDE-X system failure contributed to the crash. Those claims would proceed separately under US tort law.

Air Canada has confirmed it is cooperating with the investigation and will process passenger claims according to the Convention’s framework. The airline operates the Montreal–LaGuardia route 14 times weekly using CRJ-900 aircraft through its regional subsidiary Jazz Aviation.

What to do if you’re affected

The runway closure and ongoing investigation create immediate action requirements for three groups of travelers.

• Injured passengers: File a preliminary claim with Air Canada within 21 days to preserve your rights under the Montreal Convention. Document all medical treatment and keep receipts — the airline will request itemized expenses during the claims assessment.
• Passengers with upcoming LaGuardia bookings: Air Canada must rebook you at no charge to Newark or JFK if your flight is delayed more than two hours. Request the change via phone (1-800-247-2262) rather than online — agents have more rebooking flexibility during disruptions.
• Travelers planning Montreal–New York trips: Porter Airlines operates seven weekly Q400 flights on the route with lower fares, while American Eagle offers 21 weekly CRJ-700 frequencies. Both avoid the Air Canada operational disruption through March 27.
• Families of the deceased pilots: The Montreal Convention covers death claims separately from injury claims. Contact Air Canada’s claims department directly — the airline will assign a dedicated case manager for fatal accident claims.

Watch: The NTSB preliminary report due by April 22 will determine whether the ASDE-X failure was systemic. If confirmed, the FAA will mandate transponder upgrades for all LaGuardia ground vehicles, reducing future runway incursion risk across all carriers.

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