WestJet pilots’ union says arbitration may be needed to avert a strike

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WestJet pilots’ union says arbitration may be needed to avert a strike

DECISIONS

Appeal, jurisdiction – Unifor Local 2002 v. Exploits Valley Air Services Ltd., 2023 NLCA 3

Appeal of a decision of the Supreme Court of Newfoundland and Labrador declining to exercise jurisdiction to hear Unifor’s application for judicial review of an arbitration award – employer is an airline headquartered in Newfoundland and Labrador, but conducts operations and employs people in both that province and Nova Scotia – arbitration at issue took place primarily in Halifax – applications judge was of the view that the judicial review should be heard by the Supreme Court of Nova Scotia – appeal court determined that the applications judge erred by failing to separately consider forum selection and forum non conveniens; by concluding without any supporting evidence that the parties had chosen the forum for judicial review; and by misapplying the doctrine of forum non conveniens – appeal allowed

Application, cancelled flight – Singh v. WestJet Airlines Ltd., 2023 BCCRT 108

Application for compensation – applicant cancelled flight in March 2020 to comply with B.C. Provincial Health Officer’s medical advice about COVID-19 – WestJet refused to refund applicant’s money, only offering a travel voucher for part of the ticket’s cost – applicant seeking ticket reimbursement and compensation for time spent dealing with the dispute – applicant not entitled to a refund under the tariff or under WestJet’s “Flexible Change/Cancellation Policy” – contract between the parties was not frustrated – no extraordinary circumstances warranting compensation for time spent dealing with the dispute – claims dismissed

Application, denied boarding – Hussain v. Air Canada, 2023 BCCRT 105

Application for compensation – applicant was denied boarding – Air Canada took the position that the applicant lacked proper COVID-19 travel documents – applicant seeking compensation for, amongst other things, the price of new tickets, the cost of a new COVID-19 test, and miscellaneous expenses – applicant failed to establish that Air Canada’s decision to refuse transport was incorrect or otherwise unreasonable – claims dismissed

Application, flight delay – Welsh v. Flair Airlines Ltd., 2023 BCCRT 107

Application for compensation – applicants travelled on flights that both departed and arrived late – applicants seeking compensation and a refund under the Canada Transportation Act’s Air Passenger Protection Regulations (APPR) – flights delayed for non-safety reasons within the carrier’s control – applicants entitled to $125 in compensation each for outbound flight delays, $125 for one applicant’s return flight delay, and a refund for the other applicant’s unused flights – applicants also entitled to CRT fees, dispute-related expenses and interest – claims allowed

CTA DECISIONS

Application – BAIRLINE Fluggesellschaft m.b.H. and Co KG – Order No. 2023-A-5

Application for exemption from provisions of the Air Transportation Regulations regarding the requirement to include passenger charter rates in the Licensee’s tariff on file with the Canadian Transportation Agency – exemption granted

Application – Thunderbird Airways, Inc. – Determination No. A-2023-26

Application to continue the suspension of license no. 110017 – suspension continued

Application – WestJet – Determination No. A-2023-25

Application for temporary license to operate international air services on a scheduled basis, using large aircraft, between Canada and Honduras – license issued subject to conditions

WestJet pilots’ union says arbitration may be needed to avert a strike

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