Victoria airport security screeners fired after federal agency says they failed to ‘protect the travelling public’

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Victoria airport security screeners fired after federal agency says they failed to ‘protect the travelling public’

Decisions

Compensation, cancelled flight – Visscher v. Air Canada, 2024 BCCRT 146
Claim for compensation for cancelled flight – due to snowstorm, final leg of applicant’s flight rebooked – despite being rebooked, Air Canada did not issue new tickets for the revised itinerary, leaving the applicants stranded – applicants arguing Air Canada was negligent in arranging the revised itinerary -applicants’ claim allowed in part – original flight cancellation outside of Air Canada’s control – applicants not entitled to compensation for that cancellation, or for revised itinerary, under the Air Passenger Protection Regulations (APPR) – applicants did, however, make out claim for negligence – applicants entitled to $1,870.16 in damages

Compensation, bereavement fee – Moffatt v. Air Canada, 2024 BCCRT 149
Claim for refund for bereavement fare – applicant advised by chatbot on Air Canada’s website that retroactive application for bereavement fares was permitted – applicant later learned that Air Canada did not permit retroactive applications – applicant seeking partial refund of ticket price – Air Canada denied liability for information provided by chatbot – applicant’s claim allowed in part – applicant made out claim for negligent representation – applicant entitled to $650.88 in damages 

Application to dismiss, class action – Gauthier v. Air Canada, 2024 BCSC 231
Application by WestJet for dismissal of plaintiffs’ claim – plaintiffs are individuals with various disabilities, including severe cases of obesity, and others requiring assistance while travelling by air – plaintiffs alleging that contracts applicable to their carriage are unconscionable and contrary to public policy – plaintiffs seeking damages and other relief on behalf of all residents of Canada, except Quebec, in respect of fares paid or to be paid in future for additional seating required to accommodate their disabilities, or for their attendants and/or service animals – application dismissed – court held that plaintiffs pleaded common law and statutory claims known to law as independent from human rights law or the public policy underlying it – court further held that it was not plain and obvious that impugned conduct is expressly permitted, or that claim should be struck on federalism grounds

Application to vary, appeal – Ashraf v. Jazz Aviation LP, 2024 BCCA 45
Application to vary order dismissing applicant’s appeal – applicant failed to post security for costs – court issued order dismissing appeal as abandoned – court held that dismissal was in the interests of justice – application dismissed – court held that applicant did not demonstrate any reversible error in exercise of the court’s discretion

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