WestJet flight cancellations: BC couple does not receive $2,000 compensation for strike-related disruptions

Two travellers whose plans were disrupted by the cancellation of a WestJet flight due to a strike are entitled to reimbursement of their hotel and meal expenses, but not additional compensation, the British Columbia Small Claims Court ruled.

Anne and Robert Boyd told the Civil Resolution Tribunal that they had planned a trip to Italy for the spring of 2023. They flew from Kelowna on May 18 and arrived in Rome on May 19, but reached their destination more than 24 hours later than expected.

On the day of departure, WestJet canceled more than 100 flights, including the Boyds’ connecting flight from Calgary, amid a labor dispute with unionized pilots.

“The parties are in dispute as to whether or not this cancellation was within WestJet’s control,” tribunal member Amanda Binner wrote in her July 5 decision.

The Boyds still flew from Kelowna to Calgary on May 18, but had to stay there overnight before they could take a rebooked connecting flight – and finally arrived in Italy on May 20.

The frustrated travelers argued that they were entitled to $2,000 in compensation, plus a $277 refund for a hotel stay and a meal they had paid for during the delay.

Strike averted, cancellations not

A few days before the Boyds’ trip began, the Air Line Pilots Association issued a 72-hour strike notice that would have allowed WestJet pilots to strike in the early hours of May 19.

The airline responded by announcing a lockout, which came into effect at the same time as the strike.

With just hours to go until the deadline, the two sides finally agreed to a tentative settlement that averted both the strike and the lockout. The Boyds argued that the cancellation of their flight was “within the control of the airline” under Canadian air passenger protection rules.

The APPR sets out the rights of travellers and the liability of airlines for everything from flight delays to lost baggage.

“If the cancellation was within WestJet’s control, the parties agree that the Boyds would generally be entitled to compensation under section 19 of the (APPR),” Binner wrote.

“If the flight cancellation was beyond WestJet’s control, Section 10 of the APPR states that the airline must rebook the Boyds within 48 hours, but no compensation will be paid.”

What constitutes a “work interruption”?

According to APPR, cancellations due to an “airline work stoppage” are outside the airline’s control. However, the Boyds said that this exception should not apply in their case because the strike never occurred and WestJet chose to issue its own lockout order.

However, WestJet argued that this was too narrow an interpretation, and the court agreed.

Binner cited a statement from the Canadian Transportation Agency, which created the APPR, explaining that the purpose of the work stoppage exemption was to avoid “influencing the collective bargaining process.”

“So, does a 72-hour strike notice count as a ‘work stoppage’? I think so. With or without a lockout notice, WestJet was not in control of the strike,” Binner wrote. “I also think the CTA statement’s reference to the ‘negotiation process’ supports that ‘work stoppage’ includes the period after the strike notice.”

Refund approved

On the question of whether WestJet had to reimburse the Boyds for their hotel and meal expenses, Binner concluded that WestJet’s liability depended on whether the airline did everything in its power to avoid unnecessary delays.

In a summary of the Montreal Convention – an international treaty that also addresses airline liability – Binner wrote that airlines are not liable for damages caused by delays if they can prove that they and their agents “took all reasonably necessary measures to avoid the damage or that it was impossible to take such measures.”

In this case, WestJet did not argue that earlier flights were not available, allowing the Boyds to avoid a hotel stay – nor did it dispute the Boyds’ claim for a $277 refund.

Binner ordered the airline to pay the travelers a total of $355, including $78 in court costs and prejudgment interest.