Image Credit: FACEBOOK: Air Canada

An Okanagan couple has been awarded $2,000 after they were forced to sue Air Canada when it refused compensation even though they arrived at their destination two days late.

The details are laid out in an Aug. 8 BC Civil Resolution Tribunal decision that says Air Canada gave "inconsistent explanations" when the couple sought compensation.

The flight that Dr. Abdallah Mohamed and Ghada Ali were supposed to take from Kelowna Airport was delayed by two hours, which in turn meant they missed a connecting flight from Vancouver to the U.K. and another flight to Egypt. They finally arrived in Cairo 56 hours late.

While Canada's Air Passenger Protection Regulations stipulate that passengers who are delayed more than nine hours receive $1,000 in compensation, the airline refused to pay forcing the couple to sue.

READ MORE: Flair Airlines loses legal case after delayed flights

The sticking point in the Air Passenger Protection Regulations is that passengers are only due compensation if the delay is within the airline's control.

Unsurprisingly, to avoid paying up, airlines have tried to put the blame on others.

In this case, Air Canada claimed the delay was due to air traffic control and a ground delay operated by another company.

Unsatisfied, the couple took Air Canada to the BC Civil Resolution Tribunal.

Dr. Mohamed and Ali can now add their names to an ever-growing list of people who have taken their own legal action through the online small claims court against airlines to get what was supposed to be paid to them under the federal government's regulations.

In a recent BC Civil Resolution Tribunal case against Flair Airlines, a delayed couple argued for the $125 per person compensation the Air Passenger Protection Regulations mandated.

Flair Airlines admitted the couple was owed the money and gave no explanation as to why it hadn't paid it in the first place leaving the passengers to take their own legal action.

READ MORE: Air Canada walks back compensation denials after thousands delayed due to tech issues

In another case, Flair Airlines owed a couple bumped from an overbooked flight $2,400 each. The airline didn't fight the case and the Tribunal ordered it to pay up.

While the bumped passengers got their compensation, they still had to resort to legal action before the airline paid.

In Dr. Mohamed and Ali's case, Air Canada fought against giving them any compensation arguing the delay was out of its control.

It's a tactic the airline has used before.

In July, Air Canada refused to pay Inayat Singh and Suk Young Yoon after their flight from Victoria to Toronto was delayed during the summer of 2021.

Air Canada blamed "crew constraints" and COVID-19 for the delay, stating it was out of its control.

The case ended up at the BC Civil Resolution Tribunal which ruled in the couple's favour.

The Tribunal reiterated that Air Canada was the only one who could prove the delay wasn't its fault, but for some reason hadn't submitted that evidence.

READ MORE: Court rules receipts not needed as B.C. student wins case against airline

In the current case, Air Canada submitted technical reports to the Tribunal arguing the delay was caused by the airport's ground crew.

However, the Tribunal took issue with some of Air Canada's supporting documentation.

One report stated "delays" followed by codes.

"Significantly, Air Canada does not explain what these codes mean, and as a sophisticated litigant I find it should have done so, particularly since Air Canada relies on this document as support for its position that the delay was outside its control," the Tribunal ruled.

Another report said "Upline YVR sales agent constraints."

The Tribunal ruled that "notably" the airline didn't explain what this meant and concluded that "sales agent" must mean Air Canada staff as the airport doesn't employ sales staff.

"As noted, I find Air Canada is in the best position to provide evidence that proves the cause of the delay and bears the onus of proving the delay was outside its control," the Tribunal ruled.

The decision says the airline also didn't address why a WestJet flight left Kelowna on time at 5:30 p.m. – the exact time their flight was supposed to leave – and how this was possible if the delay was caused by ground staff.

"Again, I find Air Canada is in the best position to provide this evidence and I find it failed to do so," the Tribunal ruled.

Ultimately, the Tribunal ruled that while there were other ground staff issues that had "some impact" on the delay the primary cause was Air Canada itself.

"I find the onus is on Air Canada to show the primary cause of the delay that impacted the (couple's) ability to make their connecting flight... was outside their control and I find it has failed to do so," the Tribunal ruled.

However, while the couple had claimed $5,000 to cover themselves and three other family members travelling with them, the Tribunal ruled they had no standing to claim for the other members of the family.

This means the three others will have to file their own paperwork in order to get their compensation.

To contact a reporter for this story, email Ben Bulmer or call (250) 309-5230 or email the editor. You can also submit photos, videos or news tips to the newsroom and be entered to win a monthly prize draw.

We welcome your comments and opinions on our stories but play nice. We won't censor or delete comments unless they contain off-topic statements or links, unnecessary vulgarity, false facts, spam or obviously fake profiles. If you have any concerns about what you see in comments, email the editor in the link above. SUBSCRIBE to our awesome newsletter here.

News from © iNFOnews, 2023