A B.C. Supreme Court judge has ordered WestJet to stop telling passengers there’s a limit to how much they can claim for expenses incurred by flight delays and cancellations.
Justice John Gibb-Carsley issued the interim injunction in New Westminster, B.C., Friday ahead of a trial set for next year over claims from a passenger advocacy group that statements around reimbursements found on the airline’s website were deceptive.
WestJet has since changed the wording to remove maximums for hotel and meal costs — but the judge decided an order was still warranted to prohibit the airline or its employees “from communicating that same information to passengers in other forms.”
Gábor Lukács heads the organization that initiated the lawsuit — literally called the Air Passenger Rights group.
“I am very pleased that a court agreed with our position,” Lukács told CBC News.
‘Food and drink in reasonable quantities’
Lukács’s group sued WestJet last year in response to guidelines found on the web page where passengers were sent to submit requests for reimbursement because of flight delays or cancellations.
The original language said, “WestJet will reimburse you up to $150.00 CAD ($200.00 CAD for non-Canadian destinations)” and “meal expenses to a maximum of $45 CAD per day/per guest.”
The airline also claimed it would not reimburse expenses for “cellular roaming charges, missed entertainment/sporting/excursion events, lost wages or missed connections to non-partner airlines or cruises.”
In court documents, the advocacy group points to the Montreal Convention, an international treaty governing the rights and obligations of carriers that has been incorporated into Canadian law.
“The Montreal Convention does not provide limits for specific out-of-pocket expenses such as $250 for accommodations, $50 for food, $10 for roaming fees,” the lawsuit reads.
“Imposing such limits would be contrary to Article 26 of the Montreal Convention.”
Under those rules, Lukács says passengers are entitled to a maximum of just under $12,000 for delay.
Within two weeks of the filing of the lawsuit, WestJet changed the language relating to reimbursement on its website.
“Guests may be entitled to food and drink in reasonable quantities and access to means of communication,” the new wording reads.
“When recovery from a flight cancellation involves an overnight stay, guests may be entitled to a hotel or comparable accommodation within a reasonable distance from the airport and transportation between the airport and the accommodations.”
Airline claims changes make lawsuit moot
WestJet has denied the allegation of deceptive business practices.
In its response to the lawsuit, the company argues the changes it has already made render the lawsuit itself moot: “The revised reimbursement webpage contains no reference to the WestJet guidelines initially complained of.”
In its court filings, the Air Passenger Rights group provided an affidavit from a passenger who claimed $6,885.77 for expenses and $7,000 for inconvenience after she was allegedly stranded in Los Angeles for five days because of a WestJet strike in July 2024.
Instead, the woman was provided a reimbursement of $291.97 US along with an emailed explanation citing WestJet’s “guidelines.”
In its arguments, the airline says its policies for determining how much to reimburse passengers are reasonable.
“WestJet asserts that the evidence does not support that the WestJet guidelines are deceptive or misleading, or that their application by WestJet was unconscionable,” Justice Gibb-Carsley wrote in his injunction ruling.
“Because if a passenger is dissatisfied with WestJet’s reimbursement decision, the passenger has a remedy of seeking compensation either through the Canada Transportation Agency or court.”
‘Determined to bring this to trial’
The Air Passenger Rights group is seeking both a declaration that WestJet has engaged in deceptive practices and restitution for B.C. passengers dating back to the summer of 2022.
While Gibb-Carsley decided to issue the interim injunction, he wouldn’t agree to an order sought by the Air Passenger Rights group that would have forced the airline to provide affected passengers with a copy of the lawsuit.
Based on the evidence he has seen so far, the judge said he was “not satisfied that there is a strong likelihood that, at trial, [the advocacy group] will be ultimately successful in proving the allegations.”
But the judge stressed that “the ultimate issues of whether WestJet’s practices in respect to reimbursing passengers and whether its application and communication of those practices are unfair or deceptive” will be decided at trial.
Lukács said the court proceedings are only just beginning.
“We are certainly determined to bring this to trial,” he said.
In an email, WestJet said the company would not comment on the case while it is before the courts.