A legal dispute involving a Flair Airlines flight cancellation ended with the airline having to pay hundreds of dollars to the B.C. passenger who was impacted.
The passenger, SK, initiated the legal fight because a flight to Calgary was cancelled. He claimed $500 under the Air Passenger Protection Regulations (APPR).
SK initially booked a flight scheduled to depart on Dec. 23, 2022. He was flying from Kelowna to Calgary. Flair rebooked him on a flight one week later, on Dec. 30, 2022. He instead booked an alternate flight that went from Kelowna to Edmonton on Christmas Eve. From Edmonton, he travelled to Calgary on land.
The main point of contention in the case between Flair and the passenger was why the flight was cancelled. Flair said the flight was cancelled due to weather, so it wasn’t required to compensate him. However, the passenger said that the same day his flight was cancelled due to weather, he saw planes from other airlines flying in and out.
Flair responded to that claim, telling the tribunal that other airlines may have been able to fly depending on the type of aircraft and runway length.
“Flair did not provide arguments or evidence, although it was given the opportunity,” the tribunal said.
The tribunal decision states, “On Dec. 24, 2022, [SK] emailed Flair requesting compensation under the APPR. Flair did not respond except to request further details of the flight.”
Because Flair wasn’t able to provide any concrete evidence or logs that SK’s flight was cancelled due to the weather, the tribunal determined that Flair did indeed owe $500 under the APPR.
SK also claimed damages for hotel costs and other expenses, but was unable to provide any evidence to support these claims.
Ultimately, the tribunal awarded SK $625, which included $500 for the Flair Airlines flight cancellation and the remaining amount for tribunal fees.
We’ve contacted Flair Airlines for comment on the decision.
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