If Air Passengers Don’t Pay Fees, Canadian Taxpayers Will, Experts Respond to WestJet CEO

TOP STORY

A speech by WestJet CEO Alexis von Hoensbroech is reigniting the conversation about air travel costs in Canada — a conversation he stands to benefit from more than Canadians do, some experts say. 

If air passengers don’t pay fees, Canadian taxpayers will, experts respond to WestJet CEO | CBC News

Decisions

Repayment, training agreements – Alkan Air Ltd. v. Griffiths2025 BCCRT 694

Employee signed two training agreements for $6,000 each – employee required to repay training costs paid by Alkan upon resignation or termination for just cause, minus $500 per month of completed employment – employee only worked 10 months after training completed before resigning – Tribunal allowed Alkan’s claim for reimbursement of training fees – case law indicated training repayment agreements void or unenforceable if employer repudiated employment contract – however, employee failed to prove that Alkan breached employment agreement – allegations about poor aircraft maintenance, insufficient notice of schedule changes, sexual gestures by another staff member lacked evidence – insufficient evidence to assess if pay scale change caused loss of money – Alkan entitled to change hours of work under employment agreement – no breach of employment agreement – Tribunal ordered employee to pay $1,580.26, plus interest and $125 in Tribunal fees

Appeal, doctrine of interjurisdictional immunity – Opsis Airport Services Inc. v. Quebec (Attorney General)2025 SCC 17

Opsis operated emergency call centre at Pierre Elliott Trudeau International Airport – was charged under Quebec Private Security Act (“PSA”) for operating enterprise carrying on private security activity without holding agency licence – argued that PSA was inapplicable due to doctrine of interjurisdictional immunity – Supreme Court of Canada noted that doctrine protects core of exclusive federal or provincial power from being impaired by the other level of government – Opsis’s tasks included camera surveillance of airport and operating computer systems of call centre, which received some calls from control tower – activities were related to security of air transportation itself, so within core of aeronautics power – PSA’s licensing scheme impairs core of aeronautics power – Bureau de la sécurité privée (“Bureau”) given power to suspend, cancel, or refuse to renew agent licence for failure to meet standards of conduct, or failure to follow Bureau directives regarding licence holder’s activities – gives administrative body created by provincial legislature ability to dictate how airport security services must be conducted – impairing provisions are essential to rest of statute and cannot be severed – appropriate remedy is to read down statute as a whole so that appellants are excluded from its scope – appeal allowed, with costs

Compensation, delayed flight – Bogar v. Flair Airlines Ltd.2025 BCCRT 686

Applicants’ flight delayed then rescheduled – applicant declined replacement flight departing 4 days later and was provided with refund – applicants booked tickets with other airline – Tribunal found applicants not entitled to $500 each for delay under Air Passenger Protection Regulations (“APPR”)– where passenger’s ticket refunded, small carrier must pay $125 per passenger – applicants also claimed $1,159.46 for rebooked flights with other airline – for delays of more than 3 hours, APPR requires carrier to provide next available flight operated by that carrier, or carrier with which original carrier has commercial agreement and is travelling reasonable route – Tribunal accepted that replacement flight offered by Flair was next available flight due to long weekend – Flair reasonably complied with APPR rebooking obligations – applicant rejected alternate arrangements and received refund – no obligation under APPR to also reimburse applicants for flights booked on different carrier after refund – Flair ordered to pay $125 and interest to each applicant, plus $125 in Tribunal fees

CTA News and Decisions  

  • Application – Wilderness Air (Vermilion Bay) 1982 Limited c.o.b. Wilderness Air Ltd. – Determination No. A-2025-91 Application for a licence to operate a domestic service, small aircraft – licence issued
  • Application – Wilderness Air (Vermilion Bay) 1982 Limited c.o.b. Wilderness Air Ltd. – Determination No. A-2025-92 Application for a licence to operate a non‑scheduled international service, small aircraft, to transport traffic on a charter basis between Canada and any other country – licence issued, subject to condition
  • Application – Wilderness Air Ltd. – Determination No. A-2025-93 Domestic and non scheduled international licences suspended in Order 2025-A-8 – Licensee requests cancellation of licences – licences cancelled
  • Application – EPE SPA Air Algérie, on behalf of itself and Hi Fly Ltd. – Determination No. A-2025-94 Application by Air Algérie for approval to permit Air Algérie to provide its scheduled international service between Canada and Algeria using one aircraft with flight crew provided by Hi Fly Malta, beginning on June 29, 2025, to September 13, 2025 – approval granted, subject to conditions
  • Application – EPE SPA Air Algérie, on behalf of itself and Hi Fly Ltd. – Determination No. A-2025-95 Application by Air Algérie for approval to permit Air Algérie to provide its scheduled international service between Canada and Algeria using one aircraft with flight crew provided by Hi Fly Malta, beginning on June 15, 2025, to September 13, 2025 – approval granted, subject to conditions
  • Application – WestJet – Determination No. A-2025-96 In Determination A-2018-147, Canadian Transportation Agency granted WestJet authorization to operate scheduled international service, large aircraft, through code sharing, on the route(s) between Canada and Colombia in accordance with the Arrangement between the Government of Canada and the Government of the Republic of Colombia – application by WestJet to operate scheduled international service with its own aircraft – licence condition amended
  • Application – Axis Aviation San Marino S.r.l. – Determination No. A-2025-97 Application for a licence to operate a non scheduled international service to transport traffic on a charter basis between the Republic of San Marino and Canada – licence issued, subject to conditions

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