For most of us, flying airplanes and dealing with the airline companies is a necessary evil to experience travel. And when things go wrong, it can create a really negative experience (being stranded at an airport in a foreign country for example).
Being out of pocket as a result of an airline’s blunder is an even worse feeling. And particularly in Canada where we only have two major carriers in Air Canada and WestJet, it can feel like you are at the mercy of the airline’s policies.
Fortunately, it turns out that as airline passengers in Canada, we do have a set of legal rights established by the Canadian Transportation Agency (CTA) in the Air Passenger Protection Regulations (APPR), which includes your right to compensation in the case of numerous airline blunders causing flight disruptions, such as flight delays and cancellations, damaged or lost baggage, and other possible damages.
| Length of Arrival Delay | Compensation for Large Airlines | Compensation for Small Airlines |
|---|---|---|
| 3-6 hours | $400 | $125 |
| 6-9 hours | $700 | $250 |
| 9+ hours | $1,000 | $500 |
Of particular note, airlines are required to compensate you for flight delays that are deemed “within the carrier’s control” according to the above schedule. Note the differing compensation amounts depending on whether a large airline or a small airline.
Less fortunately, it turns out that the enforcement of these rights is subpar and the airlines do a pisspoor job of abiding by them, often outright trying to circumvent them in order to not compensate passengers. One common tactic they use is to claim a flight delay was due to factors outside the airline’s control, even when it clearly wasn’t the case.
This leaves the onus on you as a passenger to navigate a convoluted series of processes to get fairly compensated. In this article, we will guide you through different avenues for seeking APPR monetary compensation from Canadian airlines, including:
- Filing an APPR compensation claim directly with airlines
- Submitting an air travel complaint with the CTA
- Take civil action against the airline in small claims court
APPR compensation is a highly complex (and dynamic) topic, and each individual’s case will be different. I hope this article serves as a good framework and resource for you in seeking APPR compensation, but know that there is no one-size-fits-all formula. Only you can decide what is the best approach for your situation.
Preamble out of the way, let’s go about extracting our pound of flesh fair compensation from whatever airline is currently trying to violate your rights (:/).
Initial Process: File an APPR Claim with the Airline
No matter whether you intend to take further action via CTA or small claims, you must first file a claim for APPR compensation directly to the airline in question.
Even if the airline has stated or informed you that the flight/claim is not eligible for compensation, it’s still recommended to go through this process to have explicit documentation of the same, which you can later use as evidence of the airline disregarding APPR.
Step 1: File a Claim with the Airline Directly
There are two ways to go about filing your claim directly with the airlines – through their public-facing online forms, or via submitting in writing. Undoubtedly it is easier to submit via the online forms or via their customer service email, which can be located for each airline in the following tables:
Large Airlines
| Airline | APPR Claim Webpage | APPR Claim Email |
|---|---|---|
| Air Canada | Submit a claim with Air Canada | |
| WestJet | Submit a claim with WestJet | [email protected] |
Small Airlines
| Airline | APPR Claim Webpage | APPR Claim Email |
|---|---|---|
| Air Transat | Submit a claim with Air Transat | |
| Flair Airlines | None | [email protected] |
| Porter Airlines | Submit a claim with Porter | |
| Sunwing Airlines | Submit a claim with Sunwing | |
| Swoop | Submit a claim with Swoop |
However, it’s been speculated that submitting in writing may result in your claim being taken more seriously. As well, if you feel you have the right to significant damages that extend beyond the standard compensation amounts, you likely won’t be compensated for those by going through the primary channels.
Instead, you would craft a letter outlining the damages and the total amount you expect to receive in compensation. A nice template to start with has been created by the Air Passenger Rights Facebook group.
For claims submitted in writing, you can submit via a few different channels:
- If the airline’s online claim form accepts attachments, you can attach it there as a digital document. However, I find most airline web forms don’t accept attachments.
- Alternatively, submit the claim to the airline’s customer service email address (or official APPR address if they have one).
- You can send the letter to the airline’s recognized agent/attorney for service in your province. You can find these listed in this directory.
As for which is preferred, it is a bit situational. I would suspect that if you are submitting a letter, keeping it in physical form and submitting it to the attorney for service might have more impact, and also avoid a backlog of online processing that can happen when airlines have mass flight delays that affect many passengers at once.
We are curious to hear anyone’s experience in the comments when submitting their claim in writing to the airline.
Step 2: Receive a Response from the Airline
While you have a year to submit your claim to the airline, the airline has 30 days to respond to your claim. In my experience, the airlines have typically responded to my claim in a few weeks to right around 30 days’ time.
If you submitted an online claim form on the airline’s website, you will receive an email reply from the airline. See below for an example of a reply from WestJet awarding me $400 for a claim (to which I was actually entitled to $1,000).
If the response is a denial, you will want to save a hard copy of this for your records, as evidence that the airline denied your claim and the reasons they gave.
In the case of a denial, it’s easy to think that the airline’s decision is authoritative in its response, based on sound legal precedent, and that your case against them is unlikely to succeed. I can assure you this is far from reality. The airline’s decision-making for APPR claims ranges from intentionally sinister to disorganized incompetence.
For example, in my last claim with WestJet, I was on a WestJet flight delayed over 90 hours with several colleagues. All of us submitted the same claim for the same flight. We received the following heterogeneous responses:
- Denied all compensation: $0
- Approved for partial compensation: $400
- Approved for full compensation: $1,000
Conclusion: APPR claims directly with the airline are an utter crapshoot.
Step 3: Decide on Further Action
If your claim has been denied, you now have two options:
- Escalate your complaint with the CTA
- This simple process is designed to assign you an agent to appeal or evaluate your case against the airline in more detail and ensure the appropriate decision was made by the airline. In practice, the CTA is fairly ineffective, slow, and unlikely to result in APPR compensation, but it does happen on occasion.
- Take civil action against the airline in small claims court
- With this route, more work is required and it has associated modest legal costs ($200-$500), but depending on the strength of your case and the evidence you have, this process can give you a much higher chance of success in getting appropriate compensation.
This is where it comes down to a personal choice dependent on a lot of personal factors. Some questions to consider:
- How much money are you potentially eligible for in compensation?
- How much time are you willing to dedicate to pursuing compensation?
- How strong is your case that the flight delay or cancellation was within the airline’s control?
The more $$ you are eligible for, the more motivated you are, and the stronger your evidence, the more likely it is worth pursuing civil action, in my non-professional opinion.
Also keep in mind the current legal process and legal filing costs in your province (more on this later), as these add potential risks to the civil action route as well.
Here is a summary table to help you consider what avenue to take:
| Complaint via Canadian Transportation Agency | Civil Action Against the Airline (Province-Specific) | |
|---|---|---|
| Cost | $0 | $100+ |
| Amount of work required | Minimal – 5-10 minutes to complete form | Moderate – longer form, more documentation of evidence, mailing and affidavit |
| Turnaround time | Up to 18 months for initial review | 20-30 days |
| Likelihood of receiving a response | Low – backlog and many claimants never hear anything back | Mandatory – the airline must respond or receive the default judgment in your favor |
Next Step: Compile Evidence and Documentation
Regardless of what action you decide to pursue, you will want to have as much documentation as possible to support your claim. Document and save the following:
- Booking details (ticket, invoice, flight number, etc)
- Notifications of the flight disruption (delayed or canceled flight), including proof of the total delayed time and reasons given for the flight delay or flight cancellation.
- Proof of your contact with the airline (eg. a screenshot of the confirmation email received after submitting the online claim form on the airline’s website).
- Airline’s response in writing, denying your claim (if they did respond).
- Supporting receipts and invoices for costs incurred including hotel, meals, transportation, etc.
If going through small claims you will ultimately need physical copies of all of these documents as well. You may want to start a folder. Otherwise, digital copies and screenshots will suffice.
As well, you can take the time at this stage to write out a description of what exactly happened as you experienced it. Try to be objective and make direct reference to the APPR and the fact that the flight was delayed or canceled due to factors within the airline’s control (if you have evidence of this).
As an example, here is a recent description I used when escalating my case with the CTA:
“On November 6, 2022, WestJet canceled flight WS3342 from YQQ to YEG. After multiple delays, we were boarded onto the plane close to 10:00 PM, then informed we would not be flying. The flight was canceled due to factors within the airline’s control: a technical system outage across WestJet IT systems (“service outage”). We’ve included documentation of this outage occurring on November 5, 2022, as well as a letter written by WestJet COO on November 12, 2022, apologizing for the outage and admitting that it was within WestJet’s control.”
“It was clear WestJet knew that the delay would be greater than 3 hours, as evidenced by their emailing of a revised itinerary to me with a rebooked flight over 90 hours later on WS 3342 on November 10, 2022. Contrary to the APPR, they did not attempt to book me on a competing airline or provide me with an official reason for the cancellation. Instead, they tried to leave me stranded in Comox, BC for the entire week…“
“At the airport after we disembarked, we were told to find our own accommodation and transportation, and submit to WestJet for reimbursement. Thus we were expected to find a hotel late at night, while being out of pocket for meals, hotels, and transportation. Not wanting to miss a week of work and lost wages, and also knowing that airlines can be very underhanded at fairly compensating passengers, I arranged my own transportation home to YEG the following day via Air Canada from YVR.“
“As a result of all of the above, I incurred several expenses including transportation costs, meal costs, one night hotel stay, costs for a new return flight from YVR, and one day of lost wages. I submitted a claim to WestJet for compensation as well as reimbursement for out-of-pocket expenses. Contrary to APPR regulations for minimum compensation levels due to controllable delays (including $1000 for delays greater than 9+ hours), WestJet awarded me the incorrect compensation of $400, and denied my request for reimbursement of out-of-pocket expenses.”
Below this text, I then included an itemized list of expenses that I was seeking compensation for and the total amount.
The keys to success here are:
- Stating the exact flight details including the originally scheduled departure time and actual arrival time.
- Citing evidence that the flight delay was within the airline’s control (or lack of any communication regarding the reason for the flight delay).
- Citing the APPR regulations and specifically how the airlines were in violation of them.
- Adding some personal effects to show how harmful the experience was to you.
This isn’t an exact science to this process, but the more details you can provide, the better.
Next, proceed to either file a complaint with the CTA or take civil action using the legal process specific to your province.
Escalation Option 1: File a Complaint with the Canadian Transportation Agency
As mentioned above, filing a complaint with the CTA is the path of least resistance for those seeking compensation. For smaller claims or less assured claims, I would generally recommend this route.
To begin, you complete a form located here on the CTA website and include flight details, a description of the incident, and supporting documentation.
After you submit the form you must wait until a member of the agency reviews your claim. The agency will determine one of three possible resolution processes, as outlined below.
It can apparently take more than 18 months just to be reviewed by a CTA agent :/
Ultimately, if you choose to go through this process, you should be of the mindset that you will likely not get your compensation, but you might get a nice bonus to your travel bank in 1.5-2 years’ time.
Alternatively, you can go through the more drastic measure: civil action, otherwise known as small claims court.
Escalation Option 2: Take Civil Action Against an Airline (aka Small Claims Court)
Civil action involves engaging with the legal system at the provincial level. Of course, the legal system is complicated even at the small claims level. As travel bloggers, we can’t claim to be experts on this subject and what follows shouldn’t be misconstrued as a replacement for sound professional legal advice.
However, for small claims, it often doesn’t make sense to pay expensive legal fees, and many people do go through this process on their own (DIY). Therefore, below we outline the process of initiating a civil action, generally and also province-specific.
A best-case outcome of small claims is that the airline will settle with you before going to trial (yes – just like all the lawyer tv shows tell you), and simply pay you what you asked for or some other amount it deems appropriate. However, you shouldn’t rule out that you may need to go to court and present your case. The airline can also counter-sue you for costs it has to incur in taking legal defensive action. Keep these things in mind.
General Process
Step 1. Complete the Claim Form
Each province has a different name for this form, including the Claim Form, Civil Claim Form, Small Claim Form, Statement of Claim, Plaintiff’s Claim, and so on.
In this form, you will fill out information about yourself, the plaintiff, as well as the airline, and the defendant. You must properly name the defendant to a tee, or you may never be able to claim your money even if you win the case.
In the case of airlines, we are dealing with corporations and so can defer to the corporate registry in your province to determine the full and correct name, as well as the address for service.
Air Passenger Rights (airpassengerights.ca) has already done the legwork here with a directory of documents: Air Passenger Rights | Airlines. In that directory, you can find the Address for Service for most airlines and for most provinces.
In addition to naming the defendant, you will be asked to provide your description of the incident, as described above.
Step 2. File the Claim Form and Pay the Filing Fee
The claim form must then be filed with the provincial court. This again varies slightly by province, with some requiring you to visit a physical courthouse, and others having online forms or fax numbers for submitting documents.
You will also need to pay a modest fee for filing, ~$100 for most provinces. Note that this fee is recoverable – you can include it in your list of damages (distinguished as ‘costs’) to be paid by the defendant.
Once you file the claim, the court will provide you with copies of your filed claim as well as another document (sometimes called a dispute note, defense form, reply form, etc), which allows the defendant to submit their response.
Step 3. Serve the Claim Documents to the Defendant
You must now deliver (‘serve’) the documents to the defendant. Use the registered address for service in your province, or the head office if none is available.
The documents can be sent via mail, however, ensure to get a receipt upon sending the documents from Canada Post.
Finally, you will complete and file another document called an Affidavit of Service, which attests that you served the defendant the documents, and includes the attached receipt for mailing.
Step 4. Wait for a Response from the Defendant
Now, you wait for a response from the defendant, which is typically allowed 20-30 days depending on the province.
If you’re lucky, you’ll get a settlement offer, otherwise, they may file a dispute and then you’ll have to move forward with the trial process as outlined by your province’s small claims court.
Conclusion
Airline delays and cancellations are no fun on their own, but a passenger should never be out of pocket as a result of an airline’s blunder.
It is my hope that this article, in combination with the highly helpful Facebook community Air Passenger Rights (Canada), will make the avenues for seeking compensation more clear. If more passengers pursue these escalation channels, perhaps we will see airlines start to act in accordance with the APPR more religiously.
We will continue to update this resource with more information as we dive deeper into the APPR, CTA, and small claims process. This article is by no means all-encompassing, and so we welcome any experiences, comments, questions, or suggestions from the travel community!
Frequently Asked Questions
To receive compensation for a flight disruption, such as a flight delay or cancellation, you must make a claim with the airline in writing within 1 year of the incident date.
There is some debate on this, and it gets a bit complicated. The CTA has three types of dispute resolution – facilitation, mediation, and adjudication. If the resolution process advances to adjudication, the result is a legally binding judgment, which means you cannot then pursue another legal avenue such as civil court for the same if you are unsatisfied with the outcome given by CTA.
Initiating the CTA process and a civil claim would be unorthodox then because you’d be initiating two different processes that have the potential to conflict from a legal perspective. Additionally, given that the CTA’s turnaround time is up to 18 months, it’s my opinion that those planning to go through civil claims would derive no benefit from also submitting a complaint to CTA. Civil claims will get you a fairer and faster resolution.
That being said, my understanding is also that in the CTA dispute resolution process you will be given a chance to agree or disagree to further escalation (to adjudication). So it might be an option to initiate a complaint with CTA and then abandon it if it doesn’t prove fruitful at the facilitation or mediation steps and instead pursue civil claim (but again, this seems redundant to me – in most cases I would recommend to just start with civil claims).
The address for service for Air Canada for each province can be found here.
Thank you to the Air Passenger Rights (Canada) Facebook group for this resource.
The address for service for WestJet for each province can be found here.
Thank you to the Air Passenger Rights (Canada) Facebook group for this resource.
Incurred fees will depend on your jurisdiction (province), and the final outcome of the case. You will pay at minimum: $100-$150 for filing the claim. If the defendant doesn’t respond, you may pay an additional fee to request a default judgment. Similarly, if you end up going to trial there will often be additional fees.
However, note that most legal fees are recoverable meaning you can request the defendant to compensate you for the costs. This hinges on your case being successful of course.
An affidavit of service is a legal document that affirms you have served the defendant (i.e., notified them of the claim/court case). It’s the next step after you file the claim with the courthouse.
Reed Sutton
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Thank you, I will
Just thought I’d run this past everyone.
My family of 4 adults travelled Air Canada from Antigua to Toronto.
Flight delayed 14 hours. Everyone promised $1,000 “within 72 hrs”.
Surprise! No money came.
We filed a formal claim.
I’m 60. I got $1,000 ASAP, direct deposit.
Wife is 53. She got 1,000 ASAP, direct deposit.
Sons (24 and 21) got an offer of a $400 voucher.
Sons appealed. 24 year old got $1,000, direct deposit.
Younger son got $1,000 – but – no direct deposit. He needed a special code.
Code was not his claim number!. Tried 3 times, locked out.
Youngest son re-appealed 3 times!
Each time Air Canada Rep promised that a note was “on the file” to have him called with that number.
Each time he played “guess your deposit code”
Now Air Canada (6 months later) says they have determined the delay wasn’t their fault and he is denied.
PS. Older couple on the flight received their promised $1,000 and then, unsolicited, they received an extra $1,000 as “compensation”.
We can’t get a person to talk to at Air Canada and so the only choice left is to sue unless he waits 18 months for the Canada Transportation Agency to clear it’s backlog to get to this.
Reed,
Unless I am reading the wrong post, the address you have for service for Air Canada, in Ontario is shown as being within Quebec.
Surely I must serve them within Ontario ?
Act Corporations Information Act
Type Extra-Provincial Federal Corporation with Share
Name AIR CANADA
Ontario Corporation Number (OCN) 1723858
Governing Jurisdiction Canada – Federal
Incorporation/Amalgamation Date November 24, 2006
Registered or Head Office Address 7373 Cote Vertu West, Station Airport, Po 14000, St-Laurent,
Quebec, Canada, H4Y 1H4
Status Refer to Governing Jurisdiction
Date Commenced in Ontario November 24, 2006
Principal Place of Business [Not Provided
Hi Wesley,
I am seeing that too. I don’t maintain that directory, its maintained by the APPR group: https://www.facebook.com/groups/AirPassengerRights/. I would perhaps ask them there why its a Quebec address. I am not sure if its a mistake or not.
Regards,
Reed
This is great information.
I have consulted my lawyer about pursuing legal action against one of Canada’s discount carriers in provincial small claims court for cancelling a flight, saying it was weather related at the destination airport despite my contacting the airport authority of that airport and being given written proof that there were no weather incidents that day and all other flights arrived and departed on time.
I did file with the CTA for APPR compensation as well but with wait times now over 18 months, this isn’t viable option anymore if you want a speedy resolution.
Thank you so much for such a great article! Kudos!
But I have a very tedious issue, I don’t know how to explain, but I will try-
The issue happened with Air France.
This case has 2 parts to it:
Part 1-
1. I was booking a ticket from BOM-YYZ (round-trip) for my relatives with my login from the website on 26 Apr 2022
2. I entered the correct passenger details and proceeded to payment option and paid the full ticket price
3. I received the ticket with booking reference- T**, but I was shocked to see “my name” as Passenger 1 instead of my relative’s name on the ticket
4. I immediately contacted the customer support to get help with this issue, but I was told that the names cannot be changed and only possibility is to get a voucher
5. I then went ahead and cancelled the booking for a voucher- **** (CAD 1,972.11) which had validity till 05 May 2023
Part 2-
1. As the voucher was about to expire on 05 May 2023, I had no option but to book a flight somewhere to utilize the same.
2. Unwillingly (given the financial crisis I am in), I booked a ticket using the voucher on 01 May 2023 (before the expiry)
3. While booking, I applied the voucher to the booking and I was shown a balance amount of CAD 465.81 (Ticket price= 2437.92 – Voucher= 1972.11)
4. I paid this amount using my Visa credit card and the ticket was booked with booking reference- P****
5. I also received an invoice, which had full amount mentioned, instead of the difference.
6. The shocking part is, when I checked my credit card statement, I saw the full amount (Ticket price= 2437.92) charged to it, instead of only the balance (465.81)
I am deeply disappointed by the multiple glitches on the AF website that have caused this inconvenience and mistrust. As a customer, I feel betrayed by my basic right to use the voucher to book a ticket. This behavior is unacceptable and completely appalling to me.
Hi Reed,
Could you please advise me, if I can use the small claims court for my case?
Thank you very much in advance!
Hi Harry,
It’s unfortunate this happened. I am not sure to be honest and unable to give legal advice, but as a first step I would probably contact the airline again regarding the incorrect application of your voucher.
Credit card chargeback may also be an option available to you before going the legal route.
Regards,
Reed
Hello Reed,
Thank you for your valuable response.
Do you mean, I take it up the issue with the credit card company to provide me with the chargeback?
I have already checked with the airlines multiple times, but they are rejecting my claim request and I have all the requests made to them through website, email and customer service phone number.
We booked a Flair flight from Puerto Vallarta to Vancouver and Vancouver to Winnipeg. The first flight was fine and we waited the 6 hours between flights in the Vancouver airport. Approx. 15 minutes before our boarding time (luggage had been checked in etc.) they cancelled our flight because a crew was not available. They then offered vouchers for hotel and food, and sent a confirmation for a flight the next day approx. 30 hours past the original time. We were told that they could not book us on another flight. We were told that the delay would entitle u s to compensation of $500 per person. The 30 hour delay was not acceptable as we had to get back for work, so we went ahead declined the hotel and food vouchers etc. and booked a WestJet flight that left 3 hours later with a stop over in Calgary and got us to Winnipeg about 6 hours after our original Flair flight was scheduled to arrive. The cost of the tickets was $690 pp but we felt that with the $500 pp compensation and the refund of the Flair flight we would just about break even. Now Flair tells us that we are only entitled to $125 each because we arrived at our destination less than 6 hours after the original time and that there is no compensation for the increased price of tickets we had to pay. If we take them to small claims court, are we likely to win?
Hi Allison,
That sounds suspicious to me. The reasoning for decreasing the compensation from $500 to $125 only makes sense if they paid for the replacement flights. Otherwise, why should you be penalized for finding an alternate way home that in a reasonable time.
Did you receive a refund for the flight? If not, you for sure have a case. Alternatively, I would consider how solid the evidence and documentation is you have that the flight was delayed due to reasons within the airlines control. Also wondering, did you ask flair to put you on the westjet flight?
Hi Reed,
So I filed my small claim court case against AC and it was accepted, mailed all documents to the courts, server AC with all of the documents, and sent an affidavit of service to the court. In the file from the court, it says AC has 20 days to file an answer, and if they don’t a judgement can be rendered against them. It has been more than 30 days now and I have not received an answer from AC or heard anything from the court. What is the next step?
Rodger
Hey Rodger,
This typically be called a Judgement for Default, or Motion for Default, or a Request for Default Judgment, depending on the province. I would follow the direction for this given by your provincial small claims court website.
Cheers and good luck!
Reed
What exactly do I put in the Affidavit of Service? Who do I sent the Affidavit to? Do I send it registered mail ?
It is a standard form provided by the civil court (should be on the website for your province). You file this with the provincial court office.
Do you by any chance know the address for the provincial court office in Quebec?
Try contacting [email protected].
I did find the below address but I would confirm.
Québec courthouse
300, boulevard Jean-Lesage
Québec (Québec)
G1K 8K6
Thank you!
Another question, after I submit my claim to the Montreal Court online, they require that I send all of the claim docs and evidence (Exhibits) by registered mail. When I send my claim to the Defendant (Air Canada), do I just sent the claim documents I received after submitting the claim, or do I also send them the evidence (Exhibits) as well? Thanks!
Accepting the funds will not affect an appeal. It does not imply you agree with the decision from the airline. If you win an appeal you will get the difference
No, don’t bother writing a letter for your initial claim. It won’t be taken into consideration.
I process claims for a large airline in Canada and it’s a straightforward process. What a traveller making a claim should do is ensure the Name is exactly the same as your reservation, get the city pairs correct, the flight number and the reservation code and/or ticket number otherwise it will get rejected without being evaluated.
If all those are correct the person evaluating the claim will look up the flights, determine which flight had the biggest impact on your delay and then look that flight up to understand what most significant cause of the delay is.
If you don’t agree with the outcome, write back asking for the claim to be re-evaluated. If after that you are not satisfied, open a complaint with the C T A
You can go to small claims but it is not something that will change how the airline treats your claim. If you write to say you’re suing or going to the media, we close the case.
Thanks for this comment Joanne, lots of good info here. Unfortunately I (and probably anyone else whose been on the customer side of this process numerous times) have trouble believing it is a straightforward process, given how inconsistent the airlines are in handling these claims. I spoke in another article and have heard many similar cases where multiple people on the same cancelled/delayed flight receive 3 different responses:
1) ineligible for claim – $0,
2) eligible and promptly compensated $1,000,
3) partial $400 (as you mentioned this implies a refund but the individual was not refunded for the ticket in this case).
Hopefully something is done to smooth this out in the future, and hopefully the CTA starts functioning more effectively as well. Until then, many have to resort to small claims.
Hi, I have a question. If offered $400 by WestJet ( minimum compensation level) and if I think I deserve $1000, while filing an appeal with CTA, would you recommend accepting receipt of the $400 in meantime ( it’s for multiple passengers so it’s actually more than $400 to receive all together) and then keep fighting for remainder, or is it better to refuse to accept the $400 and await the 18 month process to see what happens?
Thanks.
Hi Alison,
I can’t say for sure or whether it hurts your case if you accept. IMO it shouldn’t matter as long as you’re clear in the appeal/case that you are seeking the difference between what you were provided and what you were entitled to.
I would definitely recommend asking the Facebook group as well and see if anyone has had a similar experience, and what Gabor Lukacs’ thoughts are.
Hope that helps a little.
Reed
Hi Reed
I am in a similar situation as you with Westjet. I had a weekend trip to Vancouver, flying there Friday night Nov 4 and was scheduled to fly home from Vancouver Sunday Nov 6 and my flight was also delayed until Wednesday Nov 9. I was also told to find my own accommodation, meals and transportation and to submit them to Westjet for reimbursement. I was awarded and received the $1000 delay compensation and was paid for meals and taxi but I am still struggling with Westjet to get reimbursed for the hotel, clothes and toiletries I needed to buy for the extended stay. I have sent two hotel different receipts and each has been rejected for different reasons. I called Westjet customer service for clarity on what they needed on the receipt and was told that the reimbursement department was a completely separate department and they are offline, therefore, there is no way to get a hold of them. In frustration, I have filed a small claims dispute with the BC Civil Resolution Tribunal last week. I was not aware of the other options you have stated in your travel blog until today. I should not be out of pocket for WestJet’s negligence. It is also frustrating it has to come to this to be reimbursed fairly.
Hi Laura,
Unfortunate to hear you had the same awful experience. It doesn’t surprise me that they compartmentalize and don’t deal with customers directly. I’d imagine they’d have quite the volume of complaints…
Would love to hear how things turn out with the CRT. Fingers crossed!
Reed
Hi Reed,
WestJet compensated me $400×2 when it should be $700×2. I asked why the difference and they said because I did not take their delayed flight. WestJet said if I am not satisfied with their decision I can file with CTA. Question, if I accept WestJet compensation does that null and void my CTA filing? I have till August 2023 to get my payment and the CTA claim might not be reviewed by August 2023.
This is what happened: We (2 people) were flying WestJet June 19th, on June 18th midnight was notified our flight from Montreal to Toronto was delayed and would miss our connection flight to Naples, Florida. Tried to call WestJet to get help since connection flight was still as scheduled to fly. Could not get through decided to go to the airport for help, but the agents were not willing to put us on the earlier flight and said I have to call in for any changes. Then the Westjet agent said I can book a flight with AC and that since I had premium tickets I will be reimbursed. So I booked an AC flight to TO. Upon arrival at Pearson went to WestJet counter but 100 people in-line with issues. I stopped an WestJet agent and said I am in a rush to catch my connect can I be fast tracked…told us we have to wait in-line. I was meeting my sister and her husband on the connection flight and they took off. After 1hr got to the counter and was told I was re-accommodated to fly American airline. WestJet agent said if I did not take this flight I will not be reimbursed. My dog was with me and before I accepted this new flight I asked if there will be other charges, e.g. my pet. Agent said no. Guess what AA charged me for my pet again. I was able to speak to the same WestJet agent and showed him the charge, told me that I will be reimbursed. In the end 8.5 hrs delay from original arrival time. WestJet also denied my out of pocket expenses for two AC ticket and pet fees(~$800)
WestJet lost me as a client!
Hi Janie,
While I’m not a lawyer or expert on the legal side of this, if I were in your case I would:
1. Accept the $400×2 compensation.
2. Consider going through small claims and suing for the difference between what you were compensated and what you should have been compensated ($300×2) + the out-of-pocket expenses ($800).
Good luck!
If you didn’t accept the alternative you must have received a refund. When a traveller accepts a refund then they are entitled to the minimum amount, $400.
I have twice had a flight cancelled, not taken the alternative (because the alternative was ridiculous, eg. over 1 week later with WJ), and NOT received a refund. This is what is supposed to happen but not what always happens in practice.
Hi Reed. My wife and my flight was delayed 3 hours due to flight crew requiring rest in Regina resulting in us missing our connecting flight in Calgary to Mexico by 2 days (exactly 48 hours). West Jet put us up in a hotel in Calgary for 2 nights with meals. I’m not sure what we get for the disruption within west jet’s control. Is it $1000 or $2400 for what they call bumping. A West jet rep at the airport in Calgary said $2400 but I didn’t get the number in writing. Have a great day.
Hi Nick,
Overbooking/ bumping is different and is $2400, however when you say the ‘crew required rest’, that doesn’t actually sound to me like bumping. Bumping means the flight departed as scheduled but you specifically were denied because there wasn’t enough seats.
I would read this page thoroughly – https://www.westjet.com/en-ca/interruptions/denied-boarding. It sounds like there is no formal form to be submitted for bumping, instead they are supposed to pay you out within 48 hours of the occurrence. If you think it is bumping still you’d likely have to take them to court.
Alternatively you could submit for compensation and see if you get your $1000×2 + submit for your other expenses.
Or alternatively you could go to straight to civil court if there are other significant material and nonmaterial costs resulting from the delay and lost 2 days of your vacation. Your call.
Regards,
Reed
Our (family of 4) situation is different… Our flight was not cancelled nor delayed but we never made it to our destination (hawaii). We were booked to fly Edmonton – Vancouver – Kona on Dec 22nd. While waiting for the flight at the gate – we were told everyone flying to Hawaii via Vancouver were being removed from Edmonton flight because we would miss the connection in Vancouver. We were sent home to wait for an email from Westjet for alternate flights. Except that email never arrived! I called/emailed/messaged Westjet but it was impossible to get through then On Dec 27th I was finally able to get a hold of an Westjet agent to cancel our tickets. We received a full refund on our credit card, the agent also assisted with the APPR form and said we were entitled for maximum compensation. We just received our APPR reply and we were denied because the “most significant reason for your flight interruption was due to flight crew member delays from a connecting flight and outside of WestJet’s control.” My question is are we entitled to any compensation since Westjet failed to get us to our destination? Was the agent just trying to diffuse the situation by lying?
Hi Charlene,
Unfortunate this happened. It’s possible the agent was lying, and as we’ve seen, it’s also possible westjet is lying about the reason for delay.
Thus its hard to know if you would be eligible or not without escalating to small claims. Given there are 4 of your and potentially $4000 in compensation, it would seem worthwhile to me to escalate to me.
Hi Reed,
The information in your article was very helpful. The situation I experienced with AC was different and I would like your opinion on the matter. Our flight from Sydney, NS to Montreal, Quebec was delayed by over two hours and that caused us to miss our connecting flight to Orlando, Florida because US customs closed at 8:00 pm in Montreal. So even though the second flight hadn’t left due to another delay we were told to rebook because of US customs. Is that a case whereby AC will say it was out of there control?
Were the two flights on the same itinerary?
Technically you’re not eligible for compensation if it was less than 3 hours. The delay time is based on your arrival time.
So a delay due to customs does seem unrelated to Air Canada, to me.
However, if you were covered by credit card insurance, many cards will cover a rebooking cost as long as the connecting flight was >2 hrs from the original scheduled arrival time.