Stranded BC passenger takes WestJet to court to get money back

A woman's flight cost her more than double the price of her WestJet ticket when the airline abruptly cancelled her flight in December 2022.

She made it to Costa Rica for her December holiday with no problem, but a pilot shortage stalled her as she tried to fly back to Vancouver just before Christmas.

On Dec. 21, Mary Stark was on the itinerary’s last flight from Toronto to Vancouver during a particularly chaotic season for holiday air travellers. She took the airline to the BC Civil Resolutions Tribunal, which awarded her a refund and compensation for the delays.

WestJet didn't rebook her immediately, but instead offered a hotel stay and meal vouchers. The airline told her in an email it was trying to find her a new flight.

Stark waited on hold with the airline for four hours, but gave up and booked an Air Canada flight to Vancouver the next day.

By doing so, she paid much more than she otherwise would have had she waited for WestJet.

The domestic flight cost her $1,550 after she had already spent nearly $1,000 on the failed two-flight trip from Costa Rica to Vancouver.

Airlines are required to find alternative travel after a cancelled flight free of charge. WestJet had to find her a flight on its own plane within nine hours or another airline it has a "commercial agreement" with, according to the Jan. 22 tribunal decision.

In this case, WestJet wasn't able to find her a new flight within the nine hour window, but there is a third option.

Airlines are required to find their passengers a flight with any other airline within 48 hours, which is what WestJet was trying to do for Stark, the decision said.

Stark was seeking a total $2,800 in refunds and compensation, including the cost of her Air Canada flight.

Instead, the tribunal agreed with the total proposed by WestJet. Stark was awarded $400 for required compensation, along with $245 to refund the domestic leg of her WestJet return flights. She was also awarded around $90 in court fees.

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