A Flair Airlines plane is seen in this undated submitted photo.

Image Credit: SUBMITTED / Flair Airlines

Flair Airlines has been ordered to pay $500 in compensation after it blamed the weather for a cancelled flight out of Kelowna, but failed to provide any evidence to back up its claim.

According to a July 8 BC Civil Resolution Tribunal decision, Samrat Kooner was due to fly from Kelowna to Calgary on Dec. 23, 2022, but Flair Airlines cancelled his flight.

Flair then rebooked him on a flight for December 30, but Kooner, who was likely trying to get somewhere for Christmas, booked a different flight to Edmonton the next day, and then drove the three hours to Calgary.

The decision says Kooner emailed Flair Airlines and requested $500 compensation for the delay as stipulated under the Air Passenger Protection Regulations.

However, Flair only responded to ask for further details of the flight.

In Canada, Air Passenger Protection Regulations specify that passengers delayed for more than nine hours should receive $500 compensation. An exception applies if the delay is out of the airline's control, such as bad weather.

It's unclear whether Flair Airlines ever fully responded to Kooner's request for compensation, but ultimately, he took the airline to the online small claims court.

"Kooner says Flair told him it cancelled the flight due to weather, but he says other flights departed Kelowna that day," the Tribunal said. "Flair says the flight was cancelled due to weather, and that other airlines might have been able to fly depending on the aircraft type and runway length."

However, Flair Airlines didn't provide the Tribunal with any evidence about the weather.

"If (an airline) claims it does not have to pay compensation due to a circumstance outside of its control, it must provide evidence of that circumstance," the Tribunal said.

The Tribunal said that Flair Airlines hadn't provided any evidence as to the weather on that day.

"The Tribunal assumes the (airline) did not provide the relevant evidence because it would have damaged their case," the Tribunal ruled.

"There is no evidence before me that the flight was cancelled due to weather, other than Flair’s statement... Based on Flair’s lack of evidence and the adverse inference, I find that the flight cancellation was for reasons within Flair’s control," the Tribunal ruled.

The Tribunal ruled the delay was within the airline's control and therefore it owed Kooner $500 in compensation.

Kooner also argued that he incurred hotel costs and lost wages because of the delay, but didn't provide receipts or any evidence of this, so the Tribunal dismissed the claim.

Ultimately, the Tribunal ordered Flair Airlines to pay $500 plus $125 fees. The ruling comes two-and-a-half years after the flight was delayed.

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