B.C. passenger leads attempted class-action lawsuit against WestJet

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A Burnaby woman who lost a day’s work when WestJet cancelled her flight on June 19 in anticipation of strike that hadn’t yet happened is the lead plaintiff in an attempted class-action lawsuit.

The lawsuit seeks compensation for an estimated 10,000 passenger affected by WestJet’s cancelling of 65 flights during the June labour dispute with the union representing mechanics. The case was filed in B.C. Supreme Court on Monday.

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WestJet rejected Alexandra Fox’s claim for compensation after it cancelled her June 19 flight home from Calgary at the end of a six-day trip, declaring that it was “due to a strike or work stoppage and outside of WestJet’s control,” according to the lawsuit.

Fox’s lawyer, Simon Lin, argues WestJet made a business decision, which was within its control, to park planes and cancel 40 flights affecting 6,500 passengers well before the expiry of a 72-hour strike notice June 20 that was eventually rescinded by the mechanics’ union.

WestJet cancelled another 25 flights on June 27 and 28, again before a strike began, affecting another 3,300 passengers, which Lin also characterized as “a business decision (within) WestJet’s control.”

The mechanics did strike late on June 28, but Lin is arguing that WestJet should be obligated to compensate all passengers affected before that date, under Canada’s air passenger protection regulations.

“In our view, there is a very clear common question here,” Lin said. And that is, is it beyond the air carrier’s control when there is not an actual work stoppage?

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For Fox, who was rebooked on a flight early the next day — a delay of more than nine hours — compensation should be $1,000, plus compensable expenses including a lost day’s wages from work, Lin said

Regulations under the air passenger protection act specify minimum compensation for flight delays within an airline’s control at $400 for delays more than three hours, $700 when delays are longer than six hours and $1,000 over nine hours.

Lin said the claim is also seeking compensation for other out-of-pocket expenses, such as hotel costs and cellphone roaming fees.

The lawsuit does not apply to passengers stranded after strike started, which cancelled 235 flights over the busy Canada Day long weekend.

A WestJet spokesperson said in by emailed that the airline had not yet been served with the lawsuit. It will have 21 days to respond.

Madison Kruger said WestJet cancelled flights before strike notices expired to ensure a safe “takedown of our network.”

“This decision was essential to prevent guests and crew from being stranded and ensure a measured, phased and safe approach to parking of our fleet to avoid abandoning aircraft in remote locations,” Kruger said.

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Lin, with the Burnaby firm Evolink Law Group, said that if the case is approved as a class action and heard in court, it will provide clarity to a compensation framework that is “complicated and difficult to understand.”

“One of the clarities would be, of course, is there compensation owed during a 72-hour notice period when there’s no work stoppage,” Lin said.

WestJet, he added, “seems to suggest it is not compensable, but in our view that would deprive the passengers of minimum protection.”

depenner@postmedia.com

x.com/derrickpenner

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