Airlines say transport regulator misinterpreted the rules when ordering them to pay up in 2 separate cases
The fight over compensation claims for cancelled and delayed flights has made its way into the Federal Court of Appeal
Air Canada and WestJet have both launched a legal battle to appeal separate Canadian Transportation Agency (CTA) rulings where, in each case, the airline was ordered to compensate one or more passengers $1,000 for a cancelled flight caused by a staffing shortage
The airlines each allege in court documents that they shouldn’t have to pay, because the CTA — Canada’s transport regulator and a quasi-judicial tribunal — misinterpreted Canada’s compensation regulations
Consumer advocate and lawyer John Lawford said if the airlines win their appeals, it could affect other compensation claims for flight disruptions
Basically anytime the airline has a staffing shortage of any kind that could be … an event that’s out of their control and therefore all those claims would fail,
said Lawford, executive director of the Public Interest Advocacy Centre (PIAC) I think that these appeals … signal that they, the airlines, are very resistant to paying compensation
WestJet and Air Canada told CBC News they abide by Canada’s Air Passenger Protections Regulations (APPR). WestJet said it has launched its appeal to ensure the rules are fairly applied
There is no one-size-fits-all crew issue and we believe that’s what the CTA is trying to do, is to make all crew issues the same,
said Andy Gibbons, WestJet’s vice-president of government relations
WestJet ordered to pay $1,000
Under the APPR (new window), 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
The CTA said it has received more than 16,000 air passenger complaints involving flight disruptions since May
The CTA’s rulings on the WestJet and Air Canada cases, which were published this past summer, were supposed to help clear the air on compensation rules for flight disruptions caused by crew shortages
The agency clarified (new window) that staffing problems are considered within the airline’s control and can’t be classified as a safety issue, unless an airline can prove otherwise
The WestJet case involved passenger Owen Lareau, whose flight in July 2021 from Regina back home to Ottawa was cancelled, causing a 21 hour delay
According to the CTA (new window), WestJet argued that a pilot had called in sick about an hour before take-off and a replacement couldn’t be found in time, so the flight cancellation was a safety issue which doesn’t warrant compensation
But the CTA determined that WestJet did not sufficiently establish
that the flight cancellation was unavoidable, so it ordered the airline to compensate Lareau $1,000
WestJet requested permission to appeal the ruling in August and was granted approval by the Federal Court of Appeal last month
Fundamentally, we believe that it was a safety decision to cancel this flight and we stand by that,
said WestJet’s GibbonsThe original purpose of the APPR was to protect consumers from commercial decisions of airlines, not to punish airlines for safety decisions
Gibbons also suggested airfares could rise if the CTA continues to generalize crew shortages as within an airline’s control
We have an obligation to keep our costs low and that has to be balanced with the fairness of the compensation regimes that are in place
The CTA and the passengers involved in both cases declined to comment while the matters are before the courts
Air Canada ordered to pay $2,000
In the Air Canada case, passenger Lisa Crawford and her son were delayed by almost 16 hours after the airline cancelled their August 2021 flight from their home in Fort St. John, B.C., to Halifax
According to the CTA (new window), Air Canada argued that a pilot was unable to complete a required training course in time, and the airline couldn’t secure a replacement, so the flight cancellation was outside its control
But the CTA determined that Air Canada failed to provide evidence establishing that the crew shortage was unavoidable despite proper planning,
so Crawford and her son must be compensated $1,000 each
Air Canada requested permission from the courts last month to appeal the ruling and is waiting for approval
AIR CANADA, WESTJET FIGHTING CUSTOMER COMPENSATION DECISIONS
2 days agoDuration2:12Both WestJet and Air Canada launch legal battles to appeal recent decisions ordering them to compensate passengers. Experts say if the airlines are successful, it could impact other claims
In its motion for an appeal, the airline argues the CTA can’t presume crew shortages are within the airlines’ control and then put the onus on them to disprove it
It has interpreted the APPR in a way unintended by the act, placing an unattainable burden of proof upon carriers,
said Air Canada spokesperson, Peter Fitzpatrick in an email
WestJet makes a similar legal argument in its motion for an appeal
PIAC’s Lawford suggests the CTA’s request for proof was fair
It’s a reasonable proposition for a regulator to say we expect you to have plans for staff shortages,
he saidThe agency was just asking them to provide some evidence that they made an effort
Another appeal
Canada’s Air Passenger Protection Regulations are also the subject of another court battle
In 2019, Air Canada and Porter Airlines, along with more than a dozen applicants, including the International Air Transport Association, filed a motion (new window)in the Federal Court of Appeal to quash many of the regulations
The applicants argue the APPR is invalid
for international flights because it differs from the Montreal Convention (new window), a treaty adopted by many countries — including Canada — which establishes airline liability for flight disruptions
Under the Montreal Convention, air passengers can only get compensation for flight disruptions if they prove they suffered a financial loss (new window)
A decision in that case is expected soon
Lawford said if all the appeals are successful, it could mean few flight disruptions warrant compensation
It would certainly be a fight for the average consumer to get their claim accepted
CBC News
