WestJet has launched a legal battle, seeking to appeal a Canadian Transportation Agency (CTA) ruling that ordered the airline to compensate a passenger $1,000 for flight disruption due to staff shortage.

When issuing its ruling in July, the CTA clarified that, in general, airlines cannot deprive passengers of compensation for flight disruptions caused by staff shortages.

In a submission filed with the Federal Court of Appeal on August 10, WestJet says the CTA’s decision was flawed because it was based on a misinterpretation of the Canadian Air Passenger Protection Regulations (APPR).

The court has not yet decided whether WestJet can proceed with the appeal.

Consumer rights advocate John Lovett said if WestJet gets the green light and wins, it could pave the way for all airlines to justifiably refuse compensation based on any flight disruption caused by staff shortages.

Lovett, a lawyer and executive director of the Public Interest Advocacy Centre, said, “This would really give a green light to companies.”

The ruling was based on a case involving passenger Owen Lauro, who was scheduled to board a WestJet flight on July 18, 2021, from Regina returning to Ottawa.

According to court documents, Lauro’s flight was canceled an hour and a half before departure.

He was rebooked on a flight the next day and arrived at his destination 21 hours after the scheduled time.

According to the APPR, airlines are only required to pay compensation—up to $1,000—if the flight delay or cancellation is within the airline’s control and not required for safety reasons.

In its ruling, the CTA stated that staff shortages are considered within the airline’s control and cannot be classified as a safety-related issue unless the airline can prove otherwise.

The federal transportation regulator said WestJet “did not sufficiently demonstrate” the reasons for the flight cancellation.

However, in its appeal submission, WestJet argues that under the APPR, the CTA cannot assume that staff shortages warrant compensation and then place the burden on airlines to disprove that.

Lovett also added in this context that Transport Minister Omar Alghabra should send a message to airlines to take a “more consumer-friendly” approach to the rules.

He said, “I don’t see that kind of leadership from the current minister at all.”

Alghabra said during a Transport Committee hearing on Friday that “airlines must respect passenger rights” and that the CTA is responsible for handling passenger complaints.

Passengers can also file a complaint with the agency to help resolve the issue. Since May, the CTA has received over 7,000 complaints related to flight disruptions and currently has more than 18,000 backlogged complaints.

So far, the agency has issued no fines related to compensation for flight disruptions, but it suggested in an email on Monday that they may be forthcoming.