B.C.’s Civil Resolution Tribunal has dismissed a man’s $1,354 claim he said was a result of a flight delay.
Scott Heath Juniper bought a travel ticket from Air Canada April 30, 2022 for travel on June 3, 2022, from Kelowna to Amsterdam, tribunal member Micah Carmody’s Dec. 19 decision said.
Air Canada cancelled Juniper’s flight the same day he was supposed to fly and rebooked him on a flight one day later.
Juniper claimed $1,000 as compensation for the flight delay, $260 for ground transportation and $94.85 for meals.
On May 28, 2022, Air Canada advised Juniper that his itinerary had changed.
“The revised itinerary meant Mr. Juniper left later, arrived earlier, and had only one stop,” Carmody said.
Juniper argued that if Air Canada had not changed his original itinerary, he would not have experienced any delays on his travel date.
“I disagree,” Carmody said. “The evidence shows that a partner airline changed a connecting flight, so the original itinerary was no longer possible. In any event, I find the May 28, 2022 change was not the reason for the delay.”
Then, the June 3 flight was cancelled due to weather conditions, something Air Canada said was out of its control.
Juniper said the only affordable option the airline offered was a flight leaving the next morning, June 4.
Air Canada rebooked him on that flight, but later cancelled it.
The carrier then booked Juniper on a later June 4 itinerary.
“He eventually arrived in Amsterdam on June 5, 2022, at 7:35 p.m., around 33 hours after the originally scheduled arrival,” Carmody said.
The airline said that, under the Air Passenger Protection Regulations (APPR), it only had to provide alternative travel arrangements and not compensation. The airline asked that the claim be dismissed.
However, Juniper relied on an APPR section which generally says that a large carrier like Air Canada must provide $1,000 compensation if a passenger’s arrival at the destination indicated on the original ticket is delayed by nine hours or more for reasons within the airline’s control.
“There is no dispute that Mr. Juniper experienced a delay greater than nine hours” Carmody said.
The tribunal noted Air Canada relied on an APPR section stating airlines must, in situations beyond their control, provide travellers with alternate travel arrangements or a refund, not compensation.
“I find Air Canada was not required to pay Mr. Juniper any compensation under the APPR, including for meals and transportation to and from the airport,” Carmody said.
