A Canadian tour operator is planning to sue a Cape Breton family whose alleged smoking and unruly behavioron a plane forced pilots to make an emergency landing.

Sunwing Travel Group is pursuing legal action to recover costs of up to $50,000 after the flight from Halifax to the Dominican Republic made the unscheduled stop in Bermuda last Friday.The emergency landing disrupted dozens of passengers’ Caribbean vacations.

The company is accusing the family of disobeying the plane crew’s orders and causing an in-flight disturbanceafter one of the family members was scolded for allegedly lighting up a cigarette in a washroom.

Sunwing spokesman Daryl McWilliams said pilots chose to land the plane because of the verbal confrontation and because the cabin crew smelled smoke but could not find an extinguished cigarette butt, meaning there was a potential fire hazard aboard the aircraft.

The plane was carrying 180 passengers and crew members.

McWilliams said the incident began when one of the family members got up to go to the washroom while passengers were not allowed to leave their seats.

After the man was told to sit down, he and his parents exchanged words with the crew, and he returned to his seat, McWilliams told CP24 on Tuesday.

Once the “seatbelt sign” went off and passengers were allowed to get up, the man went into the washroom and staff noticed “a very strong smell of smoke” when he exited, McWilliams said.

That led to a second confrontation involving the family and the flight attendants.

“It degraded into an argument. There was extensive verbal abuse between the family and our staff members,” McWilliams said.

The plane was then diverted to Bermuda to remove the three family members, who were charged during an appearance in court in Hamilton, Bermuda on Monday.

A fourth family member was not charged.
According to The Royal Gazette newspaper in Bermuda, David McNeil Sr., 54, pleaded guilty to behaving in a disorderly manner, while his 52-year-old wife, Donna, pleaded guilty to disobeying a lawful command on the flight. Both were ordered to pay a $500 fine.

Their 22-year-old son, David McNeil Jr., was charged with smoking on the aircraft, but he pleaded not guilty and prosecutors elected to offer no evidence, so the charge was dropped, the newspaper reported.

It appears the family’s legal troubles may not be over, however, as Sunwing is threatening to pursue civil action to recover its losses.

McWilliams said the Dominican Republic-bound passengers and crew were forced to spend the night in Bermuda, and the company paid for their hotel rooms.

Adding to the costs, the company brought in a second crew to search for cigarette butts, and flew in a mechanic to conduct a mandatory inspection of the plane, he said in an interview with CP24.

The inspection was required because the plane was over its maximum landing weight when it touched down in Bermuda.

“Because the aircraft had to make the stop so soon after takeoff it had virtually a full payload of fuel on board and as a result the aircraft landed overweight,” McWilliams said. “Canadian transport regulations require that when an aircraft lands overweight it must be checked for any structural damage before it can take off again.”

Victoria Pearman, the McNeil family’s lawyer, told court that tensions were high because of delays in the flight’s departure, according to The Royal Gazette.
She told court that McNeil Jr. needed to use the washroom “urgently” and the family believed the cabin crew's response was “heavy handed,” the newspaper reported.
With files from CP24 reporter Rena Heer and The Canadian Press

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