B.C.’s Civil Resolution Tribunal has ordered Air Canada to pay two men $400 each after their New Brunswick-to-B.C. fight was cancelled.
According to tribunal vice-chair Kate Campbell's Aug. 12 rulings, James Sullivan and Michael Zimmerman had each booked a ticket to fly from Fredericton, N.B. to Vancouver in June 2023.
After they arrived at the Fredericton airport, Air Canada cancelled the leg from Montreal to Vancouver and re-routed them through Kelowna.
They said their arrival in Vancouver was delayed more than three hours, but less than six hours.
Each claimed $400 in compensation under the Air Passenger Protection Regulations.
Air Canada says the flight in question was cancelled due to unforeseen engine maintenance performed for safety purposes. Air Canada said the spouses were re-booked on the next available flight based on market capacity.
The airline said that under the regulations, the pair was not entitled to any compensation.
Campbell said that “an airline respondent has the onus of proving whether a delay was within its control, because it is in the best position to provide evidence explaining the delay of its own flights.”
She said the airline did not show why it could not replace the grounded aircraft with another type of aircraft.
“I find Air Canada has not proved that it met its duty to mitigate the effects of the engine delamination. This means Air Canada has not proved that the cancellation was required for safety purposes.”
