WestJet was the subject of a legal fight after a lengthy flight delay forced a passenger from BC to pay out of pocket for expenses he incurred.
In a decision posted publicly, Dustin Hancharuk claimed thousands in compensation and expenses for a missed connection.
WestJet agreed with some of Hancharuk’s claims but asked for most of them to be dismissed.
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Hancharuk purchased a return ticket from Kelowna, BC, to Phoenix, Arizona, that connected through Calgary, Alberta, on December 21, 2022. He missed his flight from Calgary to Phoenix, blaming a WestJet delay.
His first flight was to depart Kelowna at 1:05 pm PT and arrive in Calgary at 3:06 pm MT. The second flight was supposed to depart Calgary at 6:50 pm MT and arrive in Phoenix at 10:52 pm MT.
Hancharuk’s first flight was delayed, and he didn’t land in Calgary until 11:12 pm, which caused him to miss his connection to Phoenix. He booked a flight through Delta Airlines from Calgary to Phoenix via Seattle.
The BC Civil Resolution Tribunal needed to establish whether or not the delay was within WestJet’s control.
WestJet said the “most significant reason” for the delays was “flight crew member delays from a connecting flight.” The tribunal decided that the delay was within the airline’s control.
Hancharuk said that WestJet didn’t offer him alternate travel arrangements, while WestJet claimed it was rebooking him before he booked through Delta Airlines. After sifting through the evidence, the tribunal decided that WestJet did not make travel arrangements for him.
Under Air Passenger Protection Regulations (APPR), the tribunal found that Hancharuk was entitled to $1,000 for the delay plus $66.07 in pre-judgement interest.
Hancharuk also claimed $719 in hotel expenses. WestJet acknowledged that Hancharuk had to wait overnight in Calgary because of the delay and agreed to pay $234.94 for hotel expenses, $15.75 for transportation and $26.03 for meal expenses.
WestJet was ordered to pay Hancharuk $1,361.84 within 21 days of the tribunal decision.
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