If the airline refuses or ignores your claim, then you need to enforce your rights by commencing a legal action within a specific amount of time of your flight, called the “limitation period.”
The limitation period depends on where and before which court you are suing:
In Canadian provincial courts, the limitation period is 2 years or more.
In the Canadian Federal Court, the limitation with respect to cause of action that occurred outside of Canadian provinces is 6 years.
In the EU, the limitation period varies from state to state. In member states, the limitation period is 2 years or more (with the exception of Belgium, where it is 1 year).
If you miss this deadline, you lose your rights to compensation.
Where and how to commence legal action
In the EU, you may sue in a number of venues, including:
the state where the incident occurred; and
the state where the airline has its principal place of business.
In Canada, you may also sue in a number of venues, including:
the province where you purchased the ticket;
the province where the final destination of the ticket is located;
the province where the airline has its principal place of business; and
the Federal Court.
You should file a claim in the place and forum that is most convenient for you. The required forms and the court procedures may vary from province to province.