A $5,000 fight was heard in BC to decide if WestJet was on the hook for five round-trip tickets that were cancelled just before Christmas two years ago.
The family, represented by Ronald Gillis in the BC Civil Resolution documents posted online, references the time leading up to the now-infamous December snowstorm of 2022, which led to travel chaos at Vancouver International Airport and across the country.
Gillis argued that it wasn’t the weather that caused them all to miss their flight to Los Angeles from YVR but a crew delay due to a staff shortage on December 19, 2022. He and his four other family members were fighting for the airline to honour the Air Passenger Protection Regulations as a result.
According to the Air Passenger Protection Regulations, large airlines like WestJet must compensate each passenger for $1,000 if the arrival is delayed by nine hours or more for reasons outside of the airline’s control.
Passengers at YVR on December 20, 2022. (Sukhwant Dhillon/AM 600 Sher-E-Punjab Radio)
“He says at that time other flights were arriving and departing from Vancouver despite the snow on the ground. Mr. Gillies argues that if there had been no earlier crew delays, which he says were within WestJet’s control, the flight could have departed earlier and would not have been cancelled due to weather issues that developed,” the decision reads in part.
He argued that by the time the crew situation was sorted out, the weather had turned for the worse, which meant his group was entitled to additional compensation. He also said he heard from WestJet that the issue was really a ramp problem.
WestJet’s legal team put up a fight of its own, arguing that Gillis wasn’t allowed to represent all members in this dispute and that he wasn’t the one to originally buy the tickets; his daughter was.
WestJet also provided weather reports from that date which showed “temperatures ranging from -6 to -8, snow in the early morning between 3 and 5 am, and then more snow and fog from 1 pm until midnight. It also provided an airfield condition report from 3:32 am on December 19, 2022, that indicates wet and dry snow and slippery conditions on the runway.”
As a result of that, the tribunal agreed that adverse weather was to blame.
Tribunal member Leah Volkers cited the Air Passenger Protection Regulations as the reason for siding with the airline in this instance.
Alexey Lesik/Shutterstock
The rules state that for delays or cancellations “due to situations outside the carrier’s control,” the airline is only required to provide alternative travel arrangements or a refund.
Compensation, in that case, is not required.
“Mr. Gillies booked an alternate flight with another carrier, and WestJet undisputedly refunded Mr. Gillies for the cancelled flight, which I find met the requirements for such arrangements under APPR section 18,” Volkers said.
“I dismiss Mr. Gillies’ claims and this dispute,” the decision reads in part.