Image Credit: FACEBOOK: Air Canada

A B.C. couple, who wasn't allowed to board a flight to Vancouver from Los Angles because Air Canada staff incorrectly calculated the number of days since having a positive COVID test, have been let down by the regulations that were supposed to protect them.

Joel and Mia Mackoff headed to the online B.C. Civil Resolution Tribunal seeking compensation after Air Canada refused to let them on a flight because the airline miscounted the number of days since Mia had tested positive for COVID.

However, while the Tribunal ruled the couple was owed $600 in compensation for extra hotel expenses, it dismissed their claim for $2,400 – the amount the government's Air Passenger Protection Regulations stipulates passengers are owed if they are bumped off a flight.

According to an Oct. 12 B.C. Civil Resolution Tribunal decision, the issue started when the couple tried to board a flight to Vancouver 11 days after Mia had tested positive for COVID.

Air Canada's policy was that passengers could travel if they'd tested positive at least 10 days earlier.

However, staff at the L.A. airport consistently miscounted and refused to let the couple on the plane until the following day.

The couple paid a $150 rebooking fee for the flight and stayed in a hotel for the night.

They flew out the next day.

The couple submitted evidence including the names of all the Air Canada staff they spoke to in L.A. along with a diagram Joel drew while trying to explain to the staff how to count 10 calendar days.

The Tribunal sided with the couple, saying Air Canada had not followed its own COVID rules and therefore breached a contract by refusing to allow the couple on the plane.

The Tribunal ordered Air Canada to pay $595 to cover the hotel and expenses the couple incurred from having to stay an extra night.

READ MORE: B.C. woman rejects Air Canada's compensation for delayed luggage, wins in court

However, the Mackoffs also argued they were owed $2,400 each under the federal government's Air Passenger Protection Regulations.

The regulations state that an airline must compensate travellers if they are denied boarding if the disruption is within the control of the airline.

The regulations set out different of compensation amounts for the length of the delay and passengers that are delayed more than nine hours are entitled to $2,400 each.

"Airlines must provide compensation for the inconvenience of denied boarding (bumping) if the disruption is within the control of the airline and not related to safety," Canadian Transport Agency's website reads.

The couple argued as they had incorrectly been bumped from their flight, under the regulation, Air Canada owed them $4,800.

However, Air Canada argued these regulations didn't apply to this situation.

The Tribunal dissected the legal wording of the regulations and sided with the airline.

"I find the Air Passenger Protection Regulations denial of boarding provisions specifically apply to overbooking and do not apply to a refusal to board based on COVID-19 test results," the Tribunal ruled.

The Mackoffs argued the "plain meaning" of "denial of boarding" included all denials, but the Tribunal didn't agree.

The Tribunal said the plane left L.A. with 71 empty seats.

"So, I find there was no denial of boarding to the (Mackoff's), within the Air Passenger Protection Regulations terms," the Tribunal ruled.

Ultimately, the Tribunal found Air Canada had breached its contract and should refund the couple their expenses at $595, but denied their claim for any extra compensation.

READ MORE: Compensation questions loom for Air Canada customers with cancelled flights

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