A B.C. Supreme Court judge has temporarily ordered WestJet to stop telling passengers that hotel and meal reimbursements for flight delays or cancellations are capped at a fixed amount.
The ruling follows a lawsuit filed last year by advocacy group Air Passenger Rights, which claims WestJet engaged in “deceptive” practices by stating on its website that hotel and meal reimbursements have fixed limits. The group argues legislation requires airlines to assess each reimbursement claim individually, rather than applying a set amount.
Justice John Gibb-Carsley on Jan. 31 approved the application from Air Passenger Rights to issue a temporary court order prohibiting WestJet from telling customers or posting information indicating reimbursement claims are subject to certain limits.
“The defendant, WestJet Airlines Ltd., its employees, affiliates, contractors or agents shall not communicate, in any form, to passengers seeking reimbursement for expenses that there is a predetermined fixed dollar amount limit in respect of hotel costs or meal expenses claimed by passengers,” reads the court document.
“This order shall not prohibit WestJet Airlines Ltd. from making determinations as to what reimbursements, if any, it will provide to passengers for meal, accommodation or any other expenses claimed by passengers.”
Lawsuit
Air Passenger Rights filed the lawsuit on Aug. 6, 2024, over information on WestJet’s website which said in cases of flight delays or cancellations, passengers could be reimbursed up to $150 per night for hotels, or $200 for destinations outside Canada. Meal expenses were covered up to $45 per day per passenger, and transportation between the airport and hotel was fully refunded.
Expenses such as lost wages, missed connections to non-partner airlines or cruises, cellular roaming charges, and missed entertainment, sporting or excursion events would not be reimbursed, according to the airline’s guidelines cited in the lawsuit.
In its submission, Air Passenger Rights took issue with the airline setting limits for hotel and meal reimbursements, and excluding lost wages, roaming costs, or prepaid events.
WestJet, which removed the related language from its website days after the plaintiff filed the lawsuit in August, had argued the latest court order was unnecessary. The airline said it had already replaced the language on reimbursement limits on its website, and that there is “no urgency” to resolve the issue before the trial begins next year.
WestJet modified the language on its reimbursement webpage sometime between Aug. 10 and 16, 2024, stating guests would be entitled to food and drink “in reasonable quantities,” access to means of communication, accommodation “within a reasonable distance from the airport” and transportation depending on the circumstances and applicable legislation.
“In the event a guest incurs reasonable out-of-pocket expenses for such items, they may submit a request to WestJet for reimbursement. WestJet will review requests for reasonable qualifying expenses,” the modified webpage read, as cited in the lawsuit.
WestJet spokesperson Julia Brunet told The Epoch Times the airline does not comment on matters before the courts.
WestJet filed a response to the lawsuit on Sept. 20, 2024.
In his decision, Justice Gibb-Carsley referenced international airline regulations such as the Montreal Convention, which sets no limit for passenger compensation.
He said the airline’s guidelines on its original webpage “may be misleading statements that WestJet’s predetermined and fixed limit reimbursement guidelines are immutable and supported by legislation.”
However, the judge noted WestJet should have the “ability to determine the quantum of reimbursements and to inform passengers the reasons that reimbursements are made or refused,” saying this is a decision to be assessed at next year’s hearing.
Air Passenger Rights president Gábor Lukács described the court’s decision to issue the temporary order as a “major victory.”
