Image Credit: WestJet
May 31, 2024 - 6:00 AM
A Kelowna man had to resort to taking WestJet to the small claims court after the airline refused to pay full compensation following a lengthy delay during a flight to Arizona just before Christmas 2022.
Dustin Hancharuk should have arrived in Phoenix the day he left Kelowna, but instead his delayed WestJet flight left him stuck at the airport for eight hours before his first flight to Calgary even took off.
Once in Calgary, he appeared to give up on WestJet and booked a brand new flight with Delta Airlines, which also faced delays but finally arrived in Phoenix on Christmas Eve.
He then applied for compensation from WestJet through the Canadian Transportation Agency's Air Passenger Protection Regulations.
The regulations mandate that airlines pay customers $1,000 for delays of more than nine hours if the delay is the carrier's fault.
However, WestJet refused to pay the full amount and offered $400 compensation saying he chose not to continue on the original flight.
Hancharuk took the airline to BC's online small claims court, the Civil Resolution Tribunal.
He adds his name to a list of travellers who have resorted to taking airlines to court for the compensation they should have been paid under the regulations.
READ MORE: Air Canada denies (another) claim, but Okanagan couple sue and win
A May 29 Civil Resolution Tribunal decision lays out the case.
In the decision, Hancharuk says when he finally arrived in Calgary just after 11 p.m. he waited in line for more than an hour but the WestJet employee at the desk said they wouldn't be able to help anybody that night. He also called but couldn't get through.
He rebooked with a different airline.
WestJet argued it was in the process of rebooking a flight for Hancharuk when he went with another airline.
However, when pushed, WestJet couldn't substantiate the claim.
"I gave WestJet an opportunity to provide additional submissions about what efforts it made, if any, to make alternate travel arrangements for Mr. Hancharuk. WestJet responded that it has been unable to determine whether and when it made alternate travel arrangements for Mr. Hancharuk," the decision read.
READ MORE: Flair Airlines blames 'glitch' but BC man sues and wins
WestJet was also vague when about whether the delay was within its control or not.
In an email to Hancharuk, the airline had previously told him the delay was due to "flight crew member delays from a connecting flight," which it had said was outside its control.
However, the Tribunal didn't agree.
"WestJet provided no evidence about why the connecting crew was delayed, or about whether it could have reasonably prevented the disruption," the Tribunal said, ruling that the delay was WestJet's fault.
Hancharuk argued he was owed $1,000 compensation as mandated for delays more than nine hours in length under Canada's Air Passenger Protection Regulations.
However, the airline disputed it saying he was only entitled to $400 for inconvenience under the regulations because he gave up on the journey.
Again the Tribunal disagreed saying even if WestJet had managed to get him on another flight to Phoenix he still would have been delayed more than nine hours.
The Tribunal ordered WestJet to pay $1,000 compensation for the delay along with $66 interest backdated to the date WestJet denied his original compensation claim.
Ultimately, WestJet was ordered to pay $1,361, which also covered hotel stays and meals made necessary because of the delay.
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, 2024