Air Canada, WestJet continue to deny compensation for flight disruptions caused by crew shortages

A recent Canadian Transportation Agency (CTA) decision was supposed to help clear the air on flight compensation. 

When issuing a decision in a WestJet case on July 8, the transport regulator clarified that, in general, airlines can't deny passengers compensation for flight disruptions caused by crew shortages. 

However, the clarification has only ignited fury for some passengers, including Frank Michel, who have since been denied compensation — due to crew shortages.

"It's insulting," said Michel of Marquis, Sask.

He and his wife, Leigh, flew with Air Canada in June. The couple's flight from Regina to Victoria was delayed by more than five hours. Then, the second leg of their return flight was cancelled, so the couple wound up spending the night at the Vancouver airport. 

"I've got arthritis, I'm aching and sore, I'm sleeping on a frigging concrete floor," said Michel, 67.

The couple applied for compensation, which would total $2,800 if they qualified. But in late July, Air Canada rejected the Michels' claim. In two separate emails seen by CBC News, the airline said each flight disruption was "due to crew constraints" linked to COVID-19 and was "safety-related." 

Under federal rules, airlines only have to pay compensation — up to $1,000 per passenger — if the flight disruption is within the airline's control and not safety-related. 

Michel argues Air Canada isn't playing by the rules. 

"CTA has already made it clear that crew constraints is not an acceptable excuse," he said. "It's not a safety issue. It's a management issue. You have to manage your resources."

The CTA issued its clarification last month based on a case where WestJet denied a passenger compensation, claiming his flight had been cancelled for safety reasons due to a crew shortage. 

In its ruling, the CTA emphasized that staffing issues are largely an airline's responsibility and typically warrant compensation. Thus, it ordered WestJet to pay the passenger $1,000. 

"Training and staffing are within airline control and therefore crew shortages are within airline control, unless there's compelling evidence" to the contrary, said CTA spokesperson, Tom Oommen in an interview. "It's a high threshold."

Watch: Air passengers say they've been unfairly denied compensation: