Image Credit: FACEBOOK:Air Canada

A BC Tribunal has ordered Air Canada to pay up $1,400 after it refused a couple compensation by blaming COVID and "crew constraints" for their delayed flight.

According to a recently published May 25 BC Civil Resolution Tribunal decision, BC passengers Inayat Singh and Suk Young Yoon flew from Victoria to Toronto in August 2021.

However, a few hours before their flight, Air Canada cancelled it blaming "crew constraints resulting from the impact of the COVID-19 pandemic on our operations."

The couple was rebooked and got to Toronto seven and a half hours later than they'd originally planned.

Under Canada's Air Passenger Protection Regulation, passengers are eligible for $700 compensation each if a flight is delayed more than six hours and the delay is within the airline's control.

However, when Singh and Yoon asked Air Canada to pay up, it refused.

"There is a temporary exception period in which your flight falls into where crew constraints are considered required for safety and compensation under Air Passenger Protection Regulation does not apply," Air Canada told the couple. "This is due to the extreme amount of staff being required to self isolate resulting in exceptionally reduced crew for airlines."

The couple clearly didn't buy it and took Air Canada to the BC Civil Resolution Tribunal to get their money.

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The Tribunal didn't buy it either.

"I find it insufficient for Air Canada to simply assert that it was outside its control or due to safety concerns, because of the COVID-19 pandemic," the Tribunal ruled.

The Tribunal highlighted that Air Canada chose not to submit any evidence about "crew constraints" causing the couple's flight to be delayed.

"I draw an adverse inference against Air Canada for not submitting such evidence," the Tribunal said.

Instead, Air Canada attempted to put the couple's legal claim on pause citing a pending class action suit against it over "crew constraints" and a separate Federal Court of Appeal decision.

READ MORE: Air Canada blames COVID, but BC couple win legal fight over delay

The Tribunal dismissed the airline's request.

While Air Canada filed no evidence about the actual flight, it argued that delay disruptions "must be placed within the context of the aviation ecosystem" which was severely impacted by the pandemic.

The Tribunal said the argument was "vague" and "unsupported."

READ MORE: 'Unreasonable and excessive:' BC couple lose legal fight with Westjet over lost baggage claim

"I find Air Canada is the only party here with the ability to prove the delay was outside its control or due to pandemic-related safety constraints. Again, it did not do so."

Ultimately, the Tribunal ruled the delay was within Air Canada’s control and was not for safety purposes and ordered the airline to pay the couple the $1,400 compensation.

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