One of Canada’s biggest airlines was back in B.C. Supreme Court on Wednesday, where it is facing allegations its reimbursement practices are deceptive.
Advocacy group Air Passenger Rights is seeking an injunction that would block WestJet from using the alleged policy, ahead of a future trial on the matter.
Air Passenger Rights claims that WestJet has imposed arbitrary caps that aren’t supported by Canadian regulations on reimbursements for accommodations and food to stranded passengers.
On Wednesday, the court accepted last-minute evidence in the form of an affidavit from Kahlyn Natividad, a WestJet passenger who was stranded in Los Angeles with her parents for five nights this summer due to the WestJet strike.
“It’s so stressful. I have to go through all of this, go through everything, it’s eating all my time,” Natividad told Global News.
Natividad said when her flight was cancelled on June 29, WestJet sent her an email telling her to book her own hotel, which the airline would reimburse up to $150 per night.
“Holiday Inn was the cheapest hotel in L.A. during that time,” she said, adding that the unexpected stay ended up putting her thousands of dollars out of pocket.
“I even begged them to give me an earlier flight, because I have two seniors with me who don’t have enough medication,” she said.
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When delays or cancellations leave passengers waiting and in need of meals or accommodations, they can file a claim with WestJet, in the event vouchers weren’t available or provided.
Air Passenger Rights claims that WestJet publicized its policy — capping domestic passenger claims at $150 a night and international passenger claims at $200 a night for hotels, along with a $45 a day for meals — on its website.
It alleges the company “surreptitiously” pulled that information off its site after the group began legal action this summer, but that WestJet continues to apply the policy “behind the scenes.”
The court accepted Natividad’s last-minute affidavit on Wednesday, ruling that the information was relevant because it includes a Nov. 3 email from WestJet telling her the company had received her request for reimbursement but “according to our guidelines, we are unable to further assist with out-of-pocket expenses.”
“I spent almost $7,000 out-of-pocket expenses, and they are only reimbursing me $291,” Natividad said.
In its legal response, WestJet said it directly secures hotel accommodation for stranded passengers in 95 per cent of cases.
It argued the Canadian Transportation Agency, which regulates the airline industry, had never raised any concerns about the website or the reimbursement guidelines.
And the company added it is changing its cancellation claims reimbursement process, which as of Nov. 1 will involve an email to passengers telling them it will cover “reasonable” accommodation expenses.
“That language is not there anymore on our website … that offending language is gone, there are no guidelines,” WestJet’s lawyer Michael Dery told the court on Wednesday.
Dery argued it would be inappropriate for an injunction to be granted before a trial, given that the court has yet to test any evidence in the case.
A trial on the matter is scheduled for January 2026.
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