![Sunwing launches court battle to overturn order to compensate couple $800 for flight delay](https://i.cbc.ca/1.3385721.1719859987!/fileImage/httpImage/image.jpg_gen/derivatives/16x9_620/sunwing-plane.jpg)
Sunwing launches court battle to overturn order to compensate couple $800 for flight delay
CBC
Last year, the Canadian Transportation Agency (CTA) ordered Sunwing Airlines to pay Mick Anslow and his wife $800 for a flight delay from Cancun, Mexico, to Regina in 2020.
The victory was short-lived. In May, the Federal Court of Appeal ruled that Sunwing can take the couple to court to challenge the CTA's decision.
The Anslows learned of the legal action when they were served with court papers at their home in Regina.
"We were just kind of flabbergasted," Mick Anslow said. "It's just unbelievable that they would go this far over such a pittance.... They're trying to make a point, I guess."
Sunwing, which will be taken over by WestJet in 2025, declined to comment.
The case centres on the contentious debate over when airlines can deny passengers compensation if flights are disrupted for safety reasons. In 2022, WestJet launched a legal challenge over the same issue. That case is also ongoing.
In the Sunwing case, court documents show that the airline and the CTA agree that Sunwing caused the mechanical problem that led to the Anslows' flight delay.
"They screwed up," Anslow said.
Even so, Sunwing argues that the flight was delayed for safety reasons, so it's not obligated to pay compensation.
According to Canada's Air Passenger Protection Regulations, airlines must pay up to $1,000 for a flight disruption if it was caused by the airline. However, if the delay was "required for safety," the airline pays zilch.
Some consumer advocates have long argued that the "required for safety" category is one of the regulations' loopholes that airlines can use to avoid paying compensation.
"This is a big grey area," said Ian Jack, vide-president of public affairs with the non-profit Canadian Automobile Association, which runs a travel agency.
"We felt since the start that the carriers have been taking advantage of that — to label things safety problems that may or may not be."
More than a year ago, the federal government proposed new rules to clarify when airlines can deny compensation. Among the changes, the "required for safety" category would be axed.