A B.C. traveller will receive more than $1,300 in compensation from WestJet for a missed flight connection following a decision from the province’s small claims tribunal.
In a Civil Resolution Tribunal decision posted online Wednesday, tribunal member Alison Wake explained the dispute emerged after a flight from Kelowna to Calgary was delayed on Dec. 21, 2022. The flight was supposed to land in Calgary at 3:06 p.m. that day, but didn’t arrive until 11:12 p.m. The impacted traveller had a connecting flight to Phoenix that departed from Calgary at 6:50 p.m.
According to Wake’s decision, the traveller eventually booked himself a flight from Calgary to Phoenix via Seattle with Delta Airlines. While he managed to get to Seattle, he “faced further delays and cancellations once there,” Wake wrote.
The traveller ended up taking a flight with Spirit Airlines and arrived in Phoenix three days later than intended, on Dec. 24.
The compensation claims against WestJet totalled $4,307 under the Air Passenger Protection Regulations as well as reimbursement for rebooked flights, hotel costs and meal expenses. Under the APPR, compensation may be granted depending on whether a delay was within or outside an airlines control.
Wake wrote that, in a statement emailed to the passenger about a month after his delayed trip, WestJet said “the most significant reason for his flight delay was ‘flight crew member delays from a connecting flight,’ which it said was outside its control.”
But Wake said a carrier must take “all reasonable measures to mitigate the impact of the earlier delay.”
“WestJet provided no evidence about why the connecting crew was delayed, or about whether it could have reasonably prevented the disruption,” Wake wrote. “So, I find the delay was within WestJet’s control.”
No alternatives offered?
Wake explained that, under the APPR, a large carrier like WestJet is obligated to rebook delayed passengers on the next available flight to their destination that departs within nine hours. This rule is in place when a delay is longer than three hours and was within the airline carrier’s control. If the airline can’t book a flight within that timeframe on one of its own flights or with a partner airline, it must rebook the passenger on “any reasonable air route to their destination within 48 hours.”
Under the APPR, the carrier must refund the unused portion of a ticket if the alternate travel arrangements don’t accommodate the traveller’s needs.
In this case, the traveller claimed WestJet didn’t offer him an alternative travel plan after his delay.
“He says that he waited in line at the WestJet desk for over an hour, until the WestJet employee at the desk said that they would not be able to help anyone else that day,” Wake wrote. “He also says that he called WestJet repeatedly but was unable to speak with anyone. WestJet does not dispute this.”
The passenger claimed WestJet didn’t communicate any alternate plans with him so he booked his own flights.
Dismissed damages
Along with claiming just over $1,200 for the Delta Airlines flight from Calgary to Phoenix, the delayed traveller also claimed reimbursement for “unused flights,” hotel expenses and meals.
Wake determined the passenger was already refunded for his Delta flights, because he faced delays with that carrier too. She granted a portion of the traveller’s claims for meals and accommodation, to a total $276.72.
The bulk of the awarded claim – $1,000 of it – came from compensation under the APPR for the flight’s delay. Wake found the passenger’s arrival at his destination was delayed by more than nine hours, which meant he was entitled to compensation by the airline.
In total, including pre-judgement interest, WestJet was ordered to pay $1,361.84.