Air Canada says it has no choice but to take two customers to court to fight a $2,000 award they received from a government agency that adjudicates airline complaints. Last November, the Canadian Transportation Agency (CTA) ordered Air Canada to pay Andrew Dyczkowski and his now-wife Anna the maximum award of $1,000 each for a 24-hour delay in their flight from Vancouver to Costa Rica. The CTA said the delay was Air Canada’s fault and awarded the money.
But Air Canada says the delay was primarily due to bad weather and that’s why it’s fighting the award in court. Weather delays don’t qualify for compensation because they are out of the airline’s control and Air Canada said it can’t let this precedent stand. It had to sue the customers because of the way the law works in these cases. Customers also have the option of going to court if they don’t like a CTA decision, but the CTA itself cannot be sued.
In any case, Air Canada spokesman Peter Fitzpatrick told the Canadian Broadcasting Corporation that it won’t try to recover its legal fees, which will far exceed the $2,000 award, from the Dyczkowskis. He said the airline is trying to get clarity on the CTA’s process in ruling in their favor and this is the process available. A lawyer has also agreed to represent the Dyczkowskis for free.
