WestJet forced to compensate passenger after cancelled flight

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A WestJet passenger who purchased a return ticket from Vancouver to Costa Rica had her flight cancelled, and she took the dispute to court.

Mary Stark was scheduled to fly home on December 21, 2022, and her flight was cancelled.

She claims that WestJet failed to provide alternate travel arrangements and that she had to pay out of pocket for hotel accommodations. Stark sued for $2,798.38, which included expenses, another flight ticket and further compensation.

WestJet provided Stark with meal vouchers and a hotel voucher for December 21 and claimed it would offer alternate travel arrangements for her before she asked for a refund.

WestJet claims because of that, she was not entitled to hotel or flight reimbursement.

“WestJet concedes Ms. Stark may be entitled to $400 under the APPR and $229.90 as a refund for the cancelled flight, but says she is not entitled to anything else,” the BC Civil Resolution Tribunal decision stated.

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According to the decision, Stark was able to get to Costa Rica without issue on December 1. The December 21 return trip had a connecting flight to Toronto at 10:25 pm, which was cancelled.

WestJet couldn’t immediately rebook her on a different flight but sent her an email with meal vouchers and a hotel check-in code.

“In a separate email at 11:44 pm, WestJet told Ms. Stark that it had cancelled the flight and could not offer an alternative flight at that time but was attempting to find one.”

Stark tried to call WestJet and had to wait on hold for four hours before she gave up. She then booked her own flight for December 23 through Air Canada for $1,552.76.

The tribunal determined that WestJet was trying to make alternate arrangements with Stark and that being on hold for four hours and then giving up didn’t mean the airline wouldn’t offer those arrangements. It also determined that submitting a refund request meant she no longer wanted alternate travel arrangements.

While Stark asked for $1,000 in compensation under the Air Passenger Protection Regulations, the tribunal determined WestJet was only on the hook for $400.

The tribunal also determined that WestJet was on the hook for the cancelled portion of her return flight, the connecting flight to Toronto from Costa Rica. That amounted to $245.92.

Stark was awarded $737.12 for the above claims and tribunal fees.