One of Canada’s biggest airlines was backmost successful B.C. Supreme Court connected Wednesday, wherever it is facing allegations its reimbursement practices are deceptive.
Advocacy radical Air Passenger Rights is seeking an injunction that would artifact WestJet from utilizing the alleged policy, up of a aboriginal proceedings connected the matter.
Air Passenger Rights claims that WestJet has imposed arbitrary caps that aren’t supported by Canadian regulations connected reimbursements for accommodations and nutrient to stranded passengers.
On Wednesday, the tribunal accepted last-minute grounds successful the signifier of an affidavit from Kahlyn Natividad, a WestJet rider who was stranded successful Los Angeles with her parents for 5 nights this summertime owed to the WestJet strike.
“It’s truthful stressful. I person to spell done each of this, spell done everything, it’s eating each my time,” Natividad told Global News.
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Natividad said erstwhile her formation was cancelled connected June 29, WestJet sent her an email telling her to publication her ain hotel, which the hose would reimburse up to $150 per night.
“Holiday Inn was the cheapest edifice successful L.A. during that time,” she said, adding that the unexpected enactment ended up putting her thousands of dollars retired of pocket.
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WestJet successful tribunal implicit compensation claims
“I adjacent begged them to springiness maine an earlier flight, due to the fact that I person 2 seniors with maine who don’t person capable medication,” she said.
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When delays oregon cancellations permission passengers waiting and successful request of meals oregon accommodations, they tin record a assertion with WestJet, successful the lawsuit vouchers weren’t disposable oregon provided.
Air Passenger Rights claims that WestJet publicized its argumentation — capping home rider claims astatine $150 a nighttime and planetary rider claims astatine $200 a nighttime for hotels, on with a $45 a time for meals — connected its website.
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It alleges the institution “surreptitiously” pulled that accusation disconnected its tract aft the radical began ineligible enactment this summer, but that WestJet continues to use the argumentation “behind the scenes.”
The tribunal accepted Natividad’s last-minute affidavit connected Wednesday, ruling that the accusation was applicable due to the fact that it includes a Nov. 3 email from WestJet telling her the institution had received her petition for reimbursement but “according to our guidelines, we are incapable to further assistance with out-of-pocket expenses.”
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“I spent astir $7,000 out-of-pocket expenses, and they are lone reimbursing maine $291,” Natividad said.
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‘The hose has to pay’: WestJet faces suit implicit reimbursement policies
In its ineligible response, WestJet said it straight secures edifice accommodation for stranded passengers successful 95 per cent of cases.
It argued the Canadian Transportation Agency, which regulates the hose industry, had ne'er raised immoderate concerns astir the website oregon the reimbursement guidelines.
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And the institution added it is changing its cancellation claims reimbursement process, which arsenic of Nov. 1 volition impact an email to passengers telling them it volition screen “reasonable” accommodation expenses.
“That connection is not determination anymore connected our website … that offending connection is gone, determination are nary guidelines,” WestJet’s lawyer Michael Dery told the tribunal connected Wednesday.
Dery argued it would beryllium inappropriate for an injunction to beryllium granted earlier a trial, fixed that the tribunal has yet to trial immoderate grounds successful the case.
A proceedings connected the substance is scheduled for January 2026.
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