A recent victory in B.C. Supreme Court prohibits a major Canadian airline from misleading travellers about compensation for meals and accommodation.
A group called Air Passenger Rights sued WestJet for misleading customers about the compensation they could receive if their flights were delayed or cancelled. The lawsuit, filed in the public interest, was based on a provision of the BC Business Practices and Consumer Protection Act that allows for such lawsuits
Air Passenger Rights founder and leader Gabor Lukacs described the ruling as "groundbreaking" because the money will go to customers who were denied compensation.
Under Canada's air passenger rights legislation, airlines must provide meals and accommodation to travellers affected by flight delays and cancellations within their control.
WestJet was informing customers it would only compensate them for hotel stays up to $150 per night ($200 for non-Canadian destinations) and meals at $45 per day (if vouchers are not available).
Lukacs pointed out that capping these amounts often forces customers to spend significant money on last-minute hotel bookings, which are usually much more expensive, and $45 per diem hardly covers three meals at an airport.
"The decision is a major victory for Air Passenger Rights," he told V.I.A. "This ruling is groundbreaking in that it utilizes a provision of the BC Business Practices and Consumer Protection Act that has fallen into disuse.
"To my knowledge, no such or similar injunction was granted in BC for decades against any business, and it is the first time that such an injunction is granted by a BC court against an airline."
Most importantly, the injunction prevents WestJet from continuing to mislead and deceive customers, noted Lukacs.
Airline misinformation is widespread, says advocate
Lukacs noted that WestJet isn't the only airline with unclear guidelines or misinformation regarding compensation for passengers.
In 2024, Flair Airlines became a "large carrier" under Canada's Air Passenger Protection Regulations (APPR) after transporting over two million passengers per annum in the previous two years. However, its website stated the "small carrier" passenger compensation guidelines, misleading customers. The airline eventually updated its website and told V.I.A. it had followed the requisite guidelines despite the misinformation.
"I have seen a lot of misinformation posted by the airlines on their websites and at their counters before -- that is actually how I started my 'career' as an air passenger rights advocate: having Air Canada ordered by the CTA to remove some misleading signs at its baggage offices in 2009," he explained.
Lukacs said the victory sends a "clear message" to airlines that deceptive conduct and misleading messaging won't be tolerated - by travellers or Canada's courts.
"I hope that other public interest and consumer protection groups will follow our example, and utilize this provision against businesses that mislead consumers," he added.
"In my opinion, if used correctly, it can be far more effective and helpful to consumers than class actions."
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