Airline watchdog applauds B.C. tribunal decision over compensation

A recent ruling by the B.C. Civil Resolution Tribunal is a win for air travellers, an airline industry watchdog said.

WestJet passenger Paul David Reshaur took the airline to the tribunal, asking for compensation for missing a flight due to airline delays.

WestJet argued that the tribunal should refuse to hear the dispute because it was outside of its jurisdiction.

Reshaur was scheduled to fly from Puerto Vallarta, Mexico, to Winnipeg, with a stopover in Calgary.

Due to the delays, he said he was out of pocket $10,192.72, including $1,000 in compensation for the delayed flight under the Airline Passenger Protection Regulations (APPR), $192.72 for expenses from the delay, broken down as $25 for an evening meal, $15.21 for dog food, $152.51 for a hotel, $4,000 in damages related to an alleged delay in unloading his dog, Moe, in Calgary and $5,000 in general and aggravated damages for the way WestJet handled his and other passengers’ APPR claims.

WestJet denied liability for any of the claimed compensation.

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The tribunal ruled that, “WestJet does not point to any matters in this dispute that would require any technical or specialized expertise about the aviation industry to resolve.”

As a result, the tribunal ruled that WestJet is ordered to pay Reshaur a total of $1,395.28.

That includes $1,000 in debt, $192.72 in damages, $115.06 in pre-judgment interest under the COIA, and $87.50 for CRT fees.

2:07 WestJet answers to request for court injunction

The group Air Passenger Rights said the Civil Resolution Tribunal could be a good avenue for travellers.

“Passengers who have a dispute with airlines are facing a very particular problem, that the federal regulator, the Canadian Transportation Agency, has a well-documented cozy relationship with the airlines, and they have a huge backlog of over 80,000 complaints,” Gábor Lukács, founder of the group said.

“In British Columbia, the civil resolution tribunal has been doing a great job at just looking at the air passenger regulations and interpreting it in a fair manner.”

While there are no precedents set at the CRT, Lukács said his group is posting the submissions on its website to assist with other passengers looking to apply to the tribunal.