WestJet Ordered by BC Judge to Cease Informing Passengers of Fixed Limits for Reimbursements

A B.C. Supreme Court judge has temporarily ordered WestJet to stop informing passengers that hotel and meal reimbursements for flight delays or cancellations are capped at a fixed amount.

The ruling comes after a lawsuit filed last year by advocacy group Air Passenger Rights, alleging WestJet engaged in deceptive practices by stating on its website that hotel and meal reimbursements have fixed limits. The group argues that legislation requires airlines to evaluate each reimbursement claim individually, rather than applying a set amount.

Justice John Gibb-Carsley approved the application from Air Passenger Rights on Jan. 31 to issue a temporary court order prohibiting WestJet from indicating reimbursement claims are subject to specific limits to customers or in posted information.

“The defendant, WestJet Airlines Ltd., its employees, affiliates, contractors or agents shall not communicate, in any form, to passengers seeking reimbursement for expenses that there is a predetermined fixed dollar amount limit in respect of hotel costs or meal expenses claimed by passengers,” reads the court document.

“This order shall not prohibit WestJet Airlines Ltd. from making determinations as to what reimbursements, if any, it will provide to passengers for meal, accommodation or any other expenses claimed by passengers.”

The interlocutory injunction will be in place until the trial concludes or until the court issues a new order. The trial will be heard in January 2026.

Lawsuit

Air Passenger Rights filed the lawsuit on Aug. 6, 2024, over information on WestJet’s website which stated that in cases of flight delays or cancellations, passengers could be reimbursed up to $150 per night for hotels, or $200 for destinations outside Canada. Meal expenses were covered up to $45 per day per passenger, and transportation between the airport and hotel was fully refunded.

Expenses such as lost wages, missed connections to non-partner airlines or cruises, cellular roaming charges, and missed entertainment, sporting or excursion events would not be reimbursed, according to the airline’s guidelines cited in the lawsuit.

Air Passenger Rights raised concerns with the airline setting limits for hotel and meal reimbursements, and excluding lost wages, roaming costs, or prepaid events.

WestJet, which removed the related language from its website shortly after the lawsuit was filed in August, argued that the latest court order was unnecessary. The airline claimed it had already updated the language on its reimbursement limits and that there was no urgency to resolve the issue before the trial next year.

WestJet revised the language on its reimbursement webpage between Aug. 10 and 16, 2024, indicating that guests would be entitled to food and drink “in reasonable quantities,” access to means of communication, accommodation “within a reasonable distance from the airport,” and transportation as needed depending on the circumstances and applicable legislation.

“In the event a guest incurs reasonable out-of-pocket expenses for such items, they may submit a request to WestJet for reimbursement. WestJet will review requests for reasonable qualifying expenses,” the modified webpage stated, as cited in the lawsuit.

WestJet spokesperson Julia Brunet declined to comment on matters before the courts when contacted by The Epoch Times.

WestJet submitted a response to the lawsuit on Sept. 20, 2024.

In his ruling, Justice Gibb-Carsley referenced international airline regulations like the Montreal Convention, which do not set a limit for passenger compensation.

The judge noted that the airline’s guidelines on its original webpage could be misleading and that WestJet should have the ability to determine reimbursements and inform passengers why reimbursements are made or denied. This issue will be addressed at the hearing next year.

President of Air Passenger Rights, Gábor Lukács, described the court’s decision to issue the temporary order as a significant victory.

“WestJet has been falsely implying that there is a legal maximum amount it must pay passengers,” Lukács commented. “When your flight is disrupted due to reasons within WestJet’s control, covering reasonable meals and accommodation expenses is the minimum WestJet must do.”