WestJet Ordered to Pay $2K After Tribunal Rejects Weather Excuse for Cancelled Flights
Two passengers have successfully secured compensation from WestJet after a B.C. tribunal ruled the airline failed to prove weather was to blame for their cancelled flights. The Civil Resolution Tribunal (CRT) awarded $1,000 each to Nathan and Leah Baugh, plus additional interest and tribunal fees, under Canada’s Air Passenger Protection Regulations (APPR).
The Flight Cancellation and Compensation
The Baughs were scheduled to fly from St. John’s to Vancouver on March 7, 2022, with a stopover in Toronto. About 17 hours before departure, they were notified via email that their flights were cancelled due to weather and rebooked for the next day.
Ultimately, they arrived at their destination nearly 24 hours late.
Under APPR, passengers are entitled to compensation if their arrival is delayed nine hours or more and the cause is within the airline’s control.
WestJet’s Defence Falls Short
WestJet claimed the cancellation was weather-related. The airline said high winds and a winter storm on March 6 affected an inbound flight from Toronto, leaving no aircraft available for the Baughs’ flight the following day.
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However, the couple submitted:
- A recorded phone call with a WestJet agent stating the cancellation was due to scheduling, not weather.
- A screenshot showing that other airlines were operating flights out of St. John’s on March 7.
WestJet did not deny the call but argued agents might have incomplete information and stood by their claim that weather was to blame.
Tribunal Calls Out “Highly Technical” Evidence
Tribunal member Max Pappin said WestJet’s weather documentation — full of “unexplained acronyms, codes, and numbers” — required expert interpretation that was not provided.
“There is no expert evidence before me,” Pappin wrote. “I find the submitted evidence is not sufficient to show that safe operation of the aircraft was impossible due to meteorological conditions.”
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Pappin ruled the cancellation was within WestJet’s control and therefore compensable under the APPR.
The Final Compensation
In total, the tribunal ordered WestJet to pay:
- $1,000 each to Nathan and Leah Baugh
- $126.72 each in pre-judgment interest
- $125 in tribunal fees
What This Means for Travellers
This case highlights the importance of clear, detailed evidence from airlines when claiming cancellations are out of their control. It also shows that:
- Passenger documentation (calls, screenshots, etc.) can play a crucial role in compensation claims.
- Unclear or technical explanations may not hold up without expert interpretation.
For travellers, it reinforces the value of understanding your rights under the Air Passenger Protection Regulations, especially when flight disruptions occur.
Do you think airlines should be held to stricter standards when justifying flight cancellations?
More…
- https://nationalpost.com/news/canada/westjet-ruling-weather-cancellation
- https://www.ctvnews.ca/vancouver/article/westjet-ordered-to-pay-travellers-2k-for-cancelled-flights
- https://www.overheretoronto.com/what-a-possible-air-canada-flight-attendant-strike-could-mean-for-travellers
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