WestJet Appeals Passenger Compensation Ruling Over Cancelled Flight

A WestJet Airlines aircraft taxis to a gate at Vancouver International Airport in Richmond, B.C., Jan. 21, 2021. The Canadian Press/Darryl Dyck

WestJet is appealing an order by the Canadian Transportation Agency (CTA) to pay $1,000 to a passenger whose flight was delayed due to staffing shortages.

The Canadian airline claims it should not be held responsible for the staff shortage at the time of the passenger’s delayed flight because it was a health and safety issue.

The passenger, Owen Lareau, was scheduled to fly with WestJet from Regina, Sask., to Ottawa, Ont., on July 18, 2021, but his flight was cancelled just an hour and a half before take-off.

WestJet provided Lareau with overnight accommodation, food vouchers, and re-booked his flight for the following day, but he arrived at his destination over 20 hours later than originally scheduled.

Lareau requested compensation from WestJet for the inconvenience—a right afforded travellers through the Air Passenger Protection Regulations (APPR)—but WestJet denied it, saying that his flight was cancelled “due to crew member availability” and that it was “required for safety purposes,” according to the CTA’s case document.

WestJet stipulates that a passenger can file for inconvenience compensation if their flight is cancelled less than 14 days before departure time and if the reason for the extended delay or cancellation was “within WestJet’s control.”

Lareau applied to the CTA to overturn WestJet’s refusal of compensation and, in July 2022, the federal agency decided that WestJet was required to compensate Lareau $1,000 based on provisions in the APPR.

On Aug. 10, WestJet filed a motion with the Federal Court of Appeal to overturn the CTA’s order to pay Lareau $1,000.

Although WestJet admits that the crew shortages causing Lareau’s flight cancellation were within its control, it argues that they were necessary for following health regulations.

WestJet states in its appeal court documents that its first officer scheduled for Lareau’s flight called in sick about one hour before scheduled departure and that the crew was unable to replace him because it does not have a crew base in Regina.

WestJet also says that flying without a first officer would have been a safety risk and that it had no choice but to cancel Lareau’s flight.

Transport Minister Omar Alghabra said during an appearance before the House of Commons transport committee last week that the CTA currently has around 15,000 backlogged complaints.

The CTA’s service standard for resolving complaints is 20 days, but Alghabra could not answer how much longer, on average, it’s currently taking the CTA to resolve them.

The court must still decide whether or not it will move forward with WestJet’s appeal.

The Canadian Press contributed to this report.