WestJet launches legal battle to overturn order to compensate passenger $1,000
CBC
WestJet has launched a legal battle, seeking to appeal a Canadian Transportation Agency (CTA) ruling that ordered the airline to compensate a passenger $1,000 for a flight disruption caused by a crew shortage.
When issuing its ruling in July, the CTA clarified that, in general, airlines can't deny passengers compensation for flight disruptions caused by staffing shortages.
In a motion filed in the Federal Court of Appeal on Aug. 10, WestJet argues that the CTA's ruling was flawed, because it was based on a misinterpretation of Canada's Air Passenger Protection Regulations (APPR). The court has yet to decide if WestJet can proceed with its appeal.
Consumer advocate John Lawford said if WestJet gets the green light and is victorious, it may pave the way for all airlines to justifiably deny compensation based on any flight disruption caused by staffing shortages.
"It would give the companies a pretty clear right," said Lawford, a lawyer and executive director of the Public Interest Advocacy Centre.
Lawford also suggested WestJet's request to appeal the CTA's ruling is indicative of where the airlines stand on Canada's air passenger compensation rules.
"The airlines are trying to interpret those regulations in a very aggressive sense so that they can, in effect, carve themselves out an exception to paying whenever they can," he said. "That's in their financial best interests."
Following numerous complaints from air passengers that they were unfairly denied compensation, the CTA ruling in July was supposed to help clear the air on compensation regulations.
The ruling was based on a case involving passenger Owen Lareau who was set to take a WestJet flight on July 18, 2021 from Regina back home to Ottawa.
According to court documents, Lareau's flight was cancelled 1.5 hours before departure. He was rebooked on a flight the following day and arrived at his destination 21 hours later than originally scheduled.
WestJet denied Lareau compensation, stating in an email that his "flight was impacted due to flight crew member availability and required for safety purposes."
According to the APPR, 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.
In its ruling, the CTA stated that crew shortages are considered within the airline's control and can't be classified as a safety issue, unless an airline can prove otherwise.
The federal transport regulator said that WestJet "did not sufficiently establish" that the flight cancellation "was unavoidable despite proper planning."
