WestJet tried to silence couple fighting for compensation after airline cancelled their flight
CBC
Anna and Russell Gurney knew something was wrong when their phones pinged in the middle of the night with a message from WestJet, hours before the Victoria couple was supposed to begin a trip to San Diego to catch a cruise.
The airline's message told them that due to a crew shortage, their December 2022 flight had been cancelled and they'd been rebooked on a new flight 48 hours later. Unwilling to miss their cruise, they had no choice but to accept a refund from WestJet and book last-minute tickets on another carrier — for $1,500 more.
When they tried to get reimbursed, WestJet refused.
The couple decided to go to small claims court and sought advice from the Air Passenger Rights Facebook group. But WestJet's lawyers discovered their post there and told them that because they'd shared "privileged and confidential" correspondence, the airline would no longer be negotiating with them.
Anna Gurney told Go Public the experience left her feeling bullied. "It's definitely threatening."
Efforts to silence travellers from publicly talking about their conflicts with airlines represents a worrying trend, says Gábor Lukács, founder of the Facebook group where Anna Gurney posted some of the specifics of their dispute.
"When I see educated people — lawyers — trying to do this to a member of the public, it raises significant ethical concerns," he said.
The insistence by airlines to keep dispute details confidential — coupled with new rules surrounding complaints filed with the Canadian Transportation Agency (CTA) — have created a veil of secrecy around disagreements with passengers, said Lukács. He calls the current climate an uneven playing field between airlines and travellers that exists because "no one is cracking down."
When the Gurneys decided to take WestJet to small claims court, Anna turned to the Air Passenger Rights Facebook group seeking advice about a compensation rule regarding delayed flights.
Below her question, she shared a blurry photo of an excerpt from a settlement letter from WestJet's counsel — which she had not agreed to keep confidential.
A week later, she got a sternly worded email from WestJet lawyer Anika Garlick.
"It has come to our attention that you have posted our privileged and confidential settlement negotiation correspondence," wrote Garlick in the letter, which also said WestJet was withdrawing its latest offer and wouldn't continue with negotiations ahead of a settlement hearing.
The letter also asked Gurney to remove her Facebook post, which she said was frightening.
"This is a prestigious law firm, representing a huge airline."
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This First Person column is written by Melinda Maldonado, who lives in Toronto. For more information about CBC's First Person stories, please see the FAQ.