A doctor from northern B.C. has lost his legal battle with Air Canada over the death of his dog, which died during a flight to Ontario two years ago.

Dr. Darren Jakubec and his wife had taken their four-year-old pound dog Silas with them on a flight to a short-term work assignment in Ontario.

When the couple from Smithers stopped over in Winnipeg, they had to wait a long time for the dog's cage to arrive from cargo. When it did, Silas was dead.

Jakubec says an autopsy found carbon monoxide poisoning. Air Canada investigated but could find no source of the deadly gas on board.

Jakubec is upset the airline refused to compensate the couple for their loss. "If you lose some luggage, Air Canada will compensate you for that luggage, but if it's your pet they will give you nothing."

He sued, and settled out of court. However, unhappy with the settlement, the Jakubecs took their case to the Canadian Transportation Agency.

The agency ruled that Air Canada should have spelled out the rules of animal travel better. But it also says air carriers are not responsible for the health of pets unless negligence is proven.

The Jakubecs did get another dog, but this one won't be flying.

"I would say, talk to your airline. Get some reassurance," said Jakubec. "I don't want to say, 'Don't fly your pet,' but I'm not flying mine. But certainly talk to them at all levels. Ask questions."

Air Canada will not comment on the out-of-court settlement.