Canadian passengers take legal fight to WestJet after late Rome arrival

Two BC passengers flying from the West Coast to Rome, Italy, initiated a legal fight against WestJet for a late arrival.

In a publicly posted decision, the BC Civil Resolution Tribunal states that Anne and Robert Boyd were scheduled to arrive in Rome on May 19, 2023.

Because of a labour dispute, they arrived on May 20, 2023, over 24 hours after the intended arrival. The Boyds claimed $2,000 in compensation and $277.25 for a hotel stay and food.

The 2023 labour dispute at the centre of this tribunal case is not to be confused with the recent WestJet strike.

According to the tribunal decision, the Boyds bought tickets from WestJet to fly from Kelowna to Rome. The initial flight was scheduled to leave on May 18 at 2 pm and arrive on May 19 at 11:55 am. This included a two-hour stopover in Calgary on May 18.

WestJet issued a lockout notice on May 15, but a tentative agreement was reached on May 19.

On the morning of May 18, the Boyds were informed that their flights to Rome had been cancelled. WestJet provided alternative flights through WestJet and other airlines.

Because of the 24-hour delay in their arrival, the Boyds had to pay for a night at a hotel in Calgary. They also had dinner at the hotel’s restaurant.

WestJet told the tribunal that the cancellation was outside its control due to the labour dispute, and the tribunal agreed, which dismissed the claim for compensation of $2,000.

The airline wasn’t as lucky with the reimbursement claims for the hotel stay and dinner. The tribunal found that WestJet didn’t provide any evidence of the steps it took to arrange alternative flights for the Boyds.

“It does not say there were no earlier flights or flights that would have avoided a hotel stay. Significantly, it does not dispute the Boyds’ claims for hotel and meal.”

After tribunal fees were added to the debt, WestJet was ordered to pay the Boyds $355.53.

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