More complaints Air Canada, WestJet unfairly denying passengers compensation

Lesley Lowe believes Air Canada isn't playing by the rules.

Last month, the airline cancelled her return flight to Toronto from New Orleans — five hours before she was set to depart. Her rebooked flight didn't leave until the following day. 

Following her trip, Lowe applied for compensation for the delay, and the $394 US she spent on a hotel plus added expenses.

Air Canada responded that Lowe didn't qualify for any cash. Instead, the airline sent her an email — seen by CBC News — that described the challenges the company faces due to a recent surge in travel, including long line-ups, baggage processing issues and flight delays.

But the email omitted an important detail: why Lowe's flight cancellation didn't warrant compensation. 

"I think they don't have a valid reason," said Lowe who lives in Whitby, Ont. "I think that if they were to really be honest and transparent as to what happened … they know that they'd be liable and they'd have to compensate the passengers on the flight."

Lowe is one of many air passengers who, during this summer of mass flight delays and cancellations, claim they were unfairly denied compensation by their airline. 

The Canadian Transportation Agency (CTA) has yet to confirm if it will take action against non-compliant airlines — despite calls from air passenger rights experts that it's time to issue harsh penalties.

"These [air passenger regulations] are not actually being properly enforced in a rigorous manner," said Daneil Tsai, a consumer advocate and Toronto-based business lawyer.

Under federal rules, airlines only have to pay compensation — up to $1,000 — if a flight delay or cancellation is within an airline's control and not required for safety reasons. Carriers must also cover accommodation costs for flight disruptions within their control. 

WestJet and Air Canada first sparked customer fury after they continued to deny compensation for some flight disruptions caused by crew shortages — despite a recent CTA clarification that staff shortages are generally within an airline's control and warrant compensation. 

Now, some passengers are speaking out about another concern: airlines not providing an adequate explanation about why they were denied compensation. 

According to the CTA, airlines must explain in "sufficient detail" the reasons for a flight disruption, including why it doesn't warrant compensation. 

But Lowe said Air Canada never provided an explanation, even when she wrote back and demanded one.