After four years, a couple won $2,000 against Air Canada in front of the Canadian Transportation Agency. But the freight forwarder who refuses to pay is exploiting a loophole in the new law to try to have the judgment overturned in court.
• Also read: Hard, hard, the life of a consumer
• Also read: Sharp increase in complaints against airlines
“The forces are unequal. “Who can afford a lawyer to recover $2,000?” asks Sylvie De Bellefeuille of Option Consommateur.
That's what Andrew Dyczkowski and Anna Kaczmarek, who departed from Vancouver to Toronto on January 14, 2020 on flight AC0106, have to do.
The two Kelowna residents missed the connection to Costa Rica. A defective door caused the plane to remain on the ground, they argue.
The main cause of the delay was bad weather, according to Air Canada, which was therefore exempt from paying compensation to the couple.
The CTA complaints officer was not convinced: in his decision of November 28, 2023, he considered that “the categorization of this flight disruption is the responsibility of the airline.”
He ordered Air Canada to pay Mr. Dyczkowski and Ms. Kaczmarek $1,000 each. Instead, the two travelers received a legal document.
The air giant quotes them in a statement of claim filed in federal court on December 28th. The OTC’s decision “is unreasonable and must be annulled,” we argue.
The airline's lawyers refer in particular to the new paragraph 85.02 of the Air Passenger Protection Regulation, which states that “the complaints officer has only the duties of a complaints officer and not those of the OTC”.
No Sens
The CTA had to hire new officials to handle the more than 60,000 pending complaints against air carriers.
However, the addition of the regulation exposes them to legal attack, which has not been the case before.
“Ottawa is opening the door to attacks by companies armed with numerous lawyers,” says Gabor Lukacs of Air Passenger Rights.
The consumer rights defender denounces this “mistake,” especially since Ottawa is “already making slow progress in its mission to tighten the screws on carriers.”
“They are sabotaging their own reform,” he wonders.
Jacob Charbonneau from Vol en retard wants to be more moderate. It would be “unprofitable” for Air Canada to sue everyone for $2,000.
“They are certainly trying to create a precedent, a case law,” adds this other consumer advocate, sad to see a giant attack a dwarf.
The head of Late Flight is convinced that as long as there are 60,000 complaints and 18 months to process them, “the system will remain broken.” In 2022 there were “almost” 13,000.
At Option Consommateur we are realistic: Air Canada has the good game. “If the lawyers cost more than the compensation, that’s not logical,” claims Sylvie De Bellefeuille.
Complaints in the carpet
Number of complaints against air carriers collected by the Canadian Transportation Agency (CTA).
- March 2022: 13,400
- January 2023: 36,000
- July 2023: 52,000
- November 2023: 61,411
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