Air Canada took couple to court rather than pay $2K compensation. A year later, it gave in

A B.C. couple's more than four-year battle with Air Canada over compensation for a flight delay has finally ended.

Last week, the airline dropped a court case it had launched against Andrew and Anna Dyczkowski, who live just outside Kelowna, B.C., and on Wednesday Air Canada paid them $1,000 each for a 24-hour flight delay from Vancouver to Costa Rica in January 2020.

"It's just my guess that they chickened out, because they knew that they couldn't actually, possibly win," said Andrew Dyczkowski. 

The dispute began in February 2020 when the couple filed a complaint with the Canadian Transportation Agency (CTA), after Air Canada denied their initial compensation claim.

The CTA ordered the airline to pay the couple $2,000 in compensation. Instead, in late 2023, Air Canada took the couple to court to try to overturn the ruling.

More than a year later, and just three days before a scheduled court hearing, Air Canada abandoned the case without explanation, according to court documents. 

Although he's happy the case ended in his favour, Dyczkowski still questions how and why he and his wife had to endure the protracted fight, which included a court dispute. 

"Why all this mess?" he said. "I don't think this is right."

But that's how the rules work. After CTA officers issue rulings on air passenger complaints, passengers or airlines wishing to contest them must take the case to Federal Court. Only the original parties in the dispute can be named in the court case, which means the CTA can't assist passengers in court.

The Dyczkowski case is the fourth CTA ruling airlines have challenged in court in 2024, and the second one filed by Air Canada. In the other case, which is still before the courts, the airline is contesting a CTA order to pay a Toronto passenger $2,079 for delayed luggage.

While it's rare for airlines to appeal CTA decisions, there's a growing call for the federal agency to overhaul the complaints process. Advocates say this change is needed so passengers don't run the risk of a legal battle just because they filed a complaint against an airline.

"Change the freaking regulation," said John Gradek, an aviation management professor at McGill University. 

"Get the passenger out of that whole equation."

Under federal rules, airlines pay up to $1,000 compensation per passenger if a flight cancellation or delay was within their control.