'A catch-all excuse': WestJet court compensation case makes travellers uneasy
Air travellers in Canada are paying close attention to a legal battle that some worry could set a precedent on compensation around last-minute flight cancellations and staffing shortages.
Calgary-based WestJet filed a motion earlier this month to the Federal Court of Appeal in Vancouver, arguing it shouldn’t have to compensate a passenger whose flight was cancelled from Regina to Toronto, en route to Ottawa, last July.
Owen Lareau filed a complaint with the Canadian Transportation Agency (CTA) after the flight was cancelled less than two hours before take-off due to a lack of staff and last month the agency determined he was entitled to $1,000 under passenger protection rules for flights delayed more than nine hours.
WestJet acknowledges the cancellation was within its control but was required for safety purposes and therefore the airline argues it shouldn’t be responsible for the compensation claim under passenger protection rules.
“It states that the first officer booked off because of illness approximately one hour before the scheduled departure, and that staff from the crew scheduling department attempted to secure an alternate first officer without success,” court documents said.
“WestJet argues that crew resources were limited because Regina is not its crew base, and that it was unable to find an alternate first officer for the safe operation of the flight.”
WestJet did rebook Lareau the next day, provided him with accommodation and meal vouchers but he didn’t arrive to his final destination until 21 hours later.
CTV News did reach out to Lareau who did not want to comment on the case at this time.
The Court of Appeal will now decide whether or not it will hear WestJet’s appeal, something many are keeping a close eye on as airlines come under fire for denying compensation on the basis of safety concerns.
Air Passenger Rights president Dr. Gábor Lukács says the government needs to address these sort of appeals by airlines.
“Morally, it is shameful. Financially and business-wise, it’s understandable. WestJet is trying to push the envelope trying to push their luck,” he told CTV News in an interview on Wednesday.
Lukács wants to see the government amend Air Passenger Protection Regulations (APPR) to clarify what does and what doesn’t constitute safety standards and concerns.
“The root cause is that the APPR is poorly drafted. Had it been drafted as we proposed, airlines wouldn’t even dare to try these type of games.”
Many travellers in Canada are also concerned with the case and possible implications for future compensation claims.
“It’s going to be a landmark ruling right now because it’s not just one person because it gives airlines excuses to deny everything on the grounds that, ‘hey, there were safety protocol delays but it’s clear they have staffing shortages,’” said, Abehishek Sharma, who was flying out of the Calgary International Airport Wednesday.
“It makes me a little bit nervous because that becomes a catch-all excuse that everything is a safety delay.”
Another traveller in Calgary, Dan Reilly, says he understands airlines are dealing with staffing shortages but says they still have a responsibility to their customers.
“I think a good portion needs to be on the airline since we’re restricted with what we can book on flights and we’re at the mercy of them particularly if they leave you in the middle of a trip somewhere,” he says.
Tannins Thompson, another air traveller in Calgary, is in agreement and says airlines need to make up for delays and cancellations in the form of compensation or credit.
“It’s no different than any other service, if (you) can’t provide the service - you give the money back.”
Advocates say many people don’t have the financial resources to fight airlines in court and worry that will lead many to give up on compensation claims.
WestJet told CTV News they will not comment on the case as it is before the courts.
(With files from the Canadian Press)
CTVNews.ca Top Stories
More than 115 cases of eye damage reported in Ontario after solar eclipse
More than 115 people who viewed the solar eclipse in Ontario earlier this month experienced eye damage after the event, according to eye doctors in the province.
Toxic testing standoff: Family leaves house over air quality
A Sherwood Park family says their new house is uninhabitable. The McNaughton's say they were forced to leave the house after living there for only a week because contaminants inside made it difficult to breathe.
Decoy bear used to catch man who illegally killed a grizzly, B.C. conservation officers say
A man has been handed a lengthy hunting ban and fined thousands of dollars for illegally killing a grizzly bear, B.C. conservation officers say.
B.C. seeks ban on public drug use, dialing back decriminalization
The B.C. NDP has asked the federal government to recriminalize public drug use, marking a major shift in the province's approach to addressing the deadly overdose crisis.
OPP responds to apparent video of officer supporting anti-Trudeau government protestors
The Ontario Provincial Police (OPP) says it's investigating an interaction between a uniformed officer and anti-Trudeau government protestors after a video circulated on social media.
An emergency slide falls off a Delta Air Lines plane, forcing pilots to return to JFK in New York
An emergency slide fell off a Delta Air Lines jetliner shortly after takeoff Friday from New York, and pilots who felt a vibration in the plane circled back to land safely at JFK Airport.
Sophie Gregoire Trudeau on navigating post-political life, co-parenting and freedom
Sophie Gregoire Trudeau says there is 'still so much love' between her and Prime Minister Justin Trudeau, as they navigate their post-separation relationship co-parenting their three children.
Last letters of pioneering climber who died on Everest reveal dark side of mountaineering
George Mallory is renowned for being one of the first British mountaineers to attempt to scale the dizzying heights of Mount Everest during the 1920s. Nearly a century later, newly digitized letters shed light on Mallory’s hopes and fears about ascending Everest.
Loud boom in Hamilton caused by propane tank, police say
A loud explosion was heard across Hamilton on Friday after a propane tank was accidentally destroyed and detonated at a local scrap metal yard, police say.