Canadian airlines ask court to reject new passenger rights rules

As of July 15, passengers must be compensated up to $2,400 if denied flight due to overbooking

Passengers wait to check-in at Trudeau Airport on July 19, 2017 in Montreal. THE CANADIAN PRESS/Ryan Remiorz

Canadian airlines are among hundreds of carriers asking the Federal Court of Appeal to quash new rules that beef up compensation for passengers subjected to delayed flights and damaged luggage.

Air Canada and Porter Airlines Inc., along with 17 other applicants that include the International Air Transport Association — which has some 290 member airlines — state in a court filing that required payments under the country’s new air passenger bill of rights violate international standards and should be rendered invalid.

The court application argues the new provisions contravene the Montreal Convention, a multilateral treaty, in part by setting compensation amounts based on the length of the delay and “irrespective of the actual damage suffered.”

The application, filed last Friday, also says nullifying the regulations “would avoid the confusion to passengers” who could be subject to travel regimes from multiple jurisdictions on international flights.

Starting July 15, passengers will have to be compensated up to $2,400 if they are denied boarding because a flight was overbooked and receive up to $2,100 for lost or damaged luggage. Compensation of up to $1,000 for delays and other payments for cancelled flights will take effect in December.

The issue came to the forefront after a 2017 incident in which two Montreal-bound Air Transat jets were diverted to Ottawa due to bad weather and held on the tarmac for up to six hours, leading some passengers to call 911 for rescue.

John McKenna, who heads the Air Transport Association of Canada, called the compensation grid “very high” and the new rules “outrageous.”

“They’re trying to meet international standards and do better, and I don’t see why. We’ve been complaining about that from the start, that this is going to drive up the price of flying in Canada,” he said from Portugal.

Passenger rights advocates say the rules do not go far enough, arguing the criteria for monetary compensation are tough to meet as passengers would have to present evidence that is typically in the hands of an airline.

Gabor Lukacs, founder of the group Air Passenger Rights, has said the regulations give airlines “carte blanche to refuse” compensation based on unverifiable maintenance issues.

The rules impose no obligation on airlines to pay customers for delays or cancellations if they were caused by mechanical problems discovered in a pre-flight check — walking around the aircraft before takeoff looking for defects in the fuselage and flight control surfaces — rather than during scheduled maintenance — more thorough inspections required after 100 hours cumulatively in the air.

Christopher Reynolds, The Canadian Press

Like us on Facebook and follow us on Twitter

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Mission man who nearly died from COVID-19 at Abbotsford hospital reflects on one-month battle

Robert Billyard was in an induced coma to ensure his body would not fight the ventilator to breathe

Abbotsford author releases book of poetry and meditations

Sophia Campbell’s Hark Valley a depiction of her ‘spiritual journey’

Man wanted for ramming police car and almost hitting bystanders in Abbotsford

Police say Lorne Guilbault ‘engages in high-risk criminal driving behaviour’

Lavender hand sanitizer sale raises cash for Fraser Valley Health Care Foundation

Golf course and lavender farm partner up to support health care in the Fraser Valley

Cooling stations to open in Mission

Once the temperature hits 29 degrees Celsius, the stations will open

B.C. records new COVID-19 death, 85 more cases; Horgan calls on celebrity help

This brings the total number of active confirmed cases to 531 across the province

B.C. announces multi-year plan to double treatment beds for youth with addiction

This will bring the total number of new beds specific to those 12 to 24 years old to 247 province-wide

Wedding party bear sprayed at Okanagan campsite irks locals

Latest criminal activity at the Meadows leaves locals frustrated

Paramedics fired for allowing patient to crawl for treatment on Downtown Eastside: court documents

The man spent three days in intensive care and three months recovering in hospital from sepsis

Feds seeking private consultant to design firearm buyback program

The ban covers some 1,500 models and variants of what the government considers assault-style weapons

Face masks for teachers can impact learning on young children, experts say

Face coverings, mandatory in most indoor public places across the province, can help limit the spread of COVID-19

Horvat scores 2 as Vancouver Canucks beat Blues 5-2 in NHL playoff opener

Game 2 in best-of-seven series goes Friday night

Teachers to get 2 extra days to prepare for students’ return, now set for Sept. 10

Students will first start with orientation and learn rules of COVID-19 classroom policies

Most Read