Air Canada tried to deny Kelowna man compensation for cancelled flight
Air Canada tried to get out of paying for a cancelled flight but a Kelowna man used the province’s online small claims court to get his rightful compensation.
It has been well established that airlines, including Air Canada, must follow national and international conventions on passenger rights when flights are cancelled or delayed, including refunds and reasonable expenses.
That’s what David Pansegrau was entitled to when his return flight to Kelowna from Toronto on Aug. 16, 2023. The airline first told him it was cancelled due to “bad weather” in part because of poor visibility from forest fires, but then booked him on another flight the following morning. He was only delayed 15 hours, but needed a hotel and claimed some food expenses.
Instead of paying, the airline denied him so he had to take it to the online small claims court, the BC Civil Resolution Tribunal, where Air Canada tried to argue not only that it didn’t have to pay, but that the matter was beyond the court’s reach.
That complicated the case for Pansegrau but numerous cases have established the court’s jurisdiction and airlines have been ordered to pay thousands of dollars in compensation.
Unfortunately for Air Canada, it lost that argument but also didn’t argue the points it needed to and presented no evidence that the cancellation was beyond its control.
Pansegrau was awarded $1,000 compensation for the cancelled or delayed flight, $234.51 for a hotel and food, interest and expenses for $1,477.47.
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