Court dismisses WestJet legal challenge of order to compensate passenger for flight delay
An appeals court has recently made a significant decision in a legal challenge brought by WestJet over a flight cancellation compensation order. This ruling could potentially set a precedent for future cases of a similar nature.
The Canadian Transport Agency (CTA) had previously ordered WestJet to compensate a passenger $1,000 for a flight cancellation that occurred in 2021. WestJet had argued that the cancellation was due to safety reasons and therefore they should not be obligated to compensate the passenger. However, the Federal Court of Appeal dismissed WestJet’s challenge, stating that there was no error in the CTA’s decision.
In their ruling, the three-judge panel noted that WestJet failed to provide sufficient evidence to support their claim that the cancellation was unavoidable due to safety concerns. The court emphasized that airlines must take reasonable measures to mitigate flight disruptions in certain circumstances, as outlined in CTA regulations.
This case revolved around passenger Owen Lareau, whose flight from Regina to Ottawa was cancelled, resulting in a 21-hour delay. Despite WestJet’s argument that a pilot calling in sick led to the cancellation, the CTA determined that the airline did not adequately demonstrate that the cancellation was unavoidable.
The implications of this ruling could extend to other legal challenges brought by airlines against CTA decisions. Air Canada, who intervened in Lareau’s case, has also challenged the agency’s rulings in the past.
CBC News has reached out to WestJet for comment on the court’s decision.
Overall, this appeals court ruling underscores the importance of airlines adhering to regulations and providing sufficient evidence to support their claims in cases of flight cancellations and delays. It serves as a reminder that passenger rights and compensation should be prioritized in such situations.
