Monetary Compensation Owed to Passengers Under the APPR
The Air Passenger Protection Regulations (the “APPR”) establish the treatment that air carriers operating in Canada owe to their passengers. These regulations mandate that air carriers owe compensation to individuals flying to, from or within Canada whose flight was delayed or cancelled, or who were denied boarding, under prescribed circumstances.
If a passenger’s flight was delayed or cancelled or they were denied boarding due to a situation within the air carrier’s control and not required for safety purposes, and the air carrier did not inform the passenger of this more than 14 days before the scheduled departure time, the APPR require the air carrier to pay the passenger monetary compensation regardless of whether the cost for the original ticket was refunded.
Compensation under the APPR is only available if a passenger submits a written claim for compensation with the air carrier within one year of the delay or cancellation.
Passengers can submit their claim for compensation with WestJet by clicking this link and providing details about their flight: https://www.westjet.com/en-ca/interruptions/compensation-claims
Passengers can submit their claim for compensation with Swoop by clicking this link and providing details about their flight: https://flyswoop.freshdesk.com/support/tickets/new?level1=Post-flight&level2=Canadian%20Air%20Passenger%20Protection%20Rights
If the airline does not respond within 30 days or a passenger is dissatisfied with the airline’s response, individuals can file a complaint with the Canadian Transportation Authority: https://rppa-appr.ca/eng/air-travel-complaints
WestJet and Swoop’s Denial of Compensation
This lawsuit alleges that WestJet and Swoop have denied passengers compensation to passengers whose flights were delayed or cancelled due to crew shortages or similar staffing-related reasons. According to the Canadian Transportation Authority, passengers whose flights were disrupted on this basis may be entitled to compensation.
Slater Vecchio LLP has filed a proposed class action to hold WestJet and Swoop accountable for their refusal to pay compensation under the APPR for flight disruptions caused by staffing-related issues.
A class action is a legal case through which one person makes a claim to the Court on behalf of a similarly situated class of people who have the same or a similar legal claim. A class action seeks to hold a defendant or defendants responsible for their conduct that affects each member of the class by resolving issues that are common to the class in the same legal proceeding, instead of each class member bringing a claim individually.
The individual who first files the claim must ask the Court for permission to proceed as a class action. If permission is granted (referred as “authorized” in Quebec, and “certified” in all other Canadian provinces) and the case may proceed as a class action, the Court will appoint an individual as “Representative Plaintiff” to represent the best interests of the class during the litigation and define the class group. Each person who meets the criteria of the class group is considered a “Class Member.”
This class action seeks to represent individuals who had a ticket for a WestJet (including Swoop)-operated or code-share domestic or international flight between December 15, 2019 and the day this action is certified who reached their destination at least three hours after the scheduled arrival time due to a flight disruption resulting from staffing issues or crew constraints, of which they were informed within 14 days of their scheduled departure time, and for which they were denied compensation for inconvenience by WestJet on the basis that the flight disruption was required for safety purposes.
This class action does not seek to compensate passengers for any compensation that may be owed under the Montreal Convention.
Individuals who were impacted by a flight disruption in the past year that they believe was within WestJet’s control that they were informed of less than 14 days before the scheduled departure time can file a request for compensation with WestJet: https://www.westjet.com/en-ca/interruptions/compensation-claims
Individuals who were impacted by a flight disruption in the past year that they believe was within Swoop’s control that they were informed of less than 14 days before the scheduled departure time can file a request for compensation with Swoop: https://flyswoop.freshdesk.com/support/tickets/new?level1=Post-flight&level2=Canadian%20Air%20Passenger%20Protection%20Rights
If the airline does not respond within 30 days or a passenger is dissatisfied with the airline’s response, individuals can file a complaint with the Canadian Transportation Authority: https://rppa-appr.ca/eng/air-travel-complaints
Individuals should also locate and keep all documents and correspondence related to their flight, their flight disruption and their request(s) for compensation.
If your flight with WestJet or Swoop was cancelled or delayed, or you were denied boarding, and you were not provided compensation, we invite you to submit your information through the “Contact Form” on this webpage and a representative from Slater Vecchio LLP will reach out to you.
