Four-Year Wait Ends in Legal Dispute Over Flight Delay Compensation
Close to four years after filing a complaint with the Canadian Transportation Agency (CTA), Andrew and Anna Dyczkowski received a favorable resolution regarding their 24-hour flight delay from Vancouver to Costa Rica in 2020. In November 2023, a CTA officer ruled that the delay was Air Canada’s fault, ordering the airline to compensate the couple $1,000 each, in accordance with federal regulations.
“We were kind of happy that the system works,” said Andrew Dyczkowski, who lives with his wife, Anna, just outside Kelowna, B.C.
However, instead of receiving the compensation, the couple was served with court documents in January. Air Canada is taking them to Federal Court in an attempt to overturn the CTA officer’s decision. The CTA itself is not named in the case.
Feeling overwhelmed, the couple, who work in the construction industry, hired a lawyer.
“We’re kind of numb,” said Dyczkowski, believing that the legal dispute should be between Air Canada and the CTA, not passengers.
“Leave us little folks alone. We really don’t want to be in this business of courts, or hundreds of pages of legal documents,” he added. “Something is really wrong in the system.”
Legal Complications and Broader Implications
The CTA, tasked with settling disputes between airlines and customers, has seen tens of thousands of complaints over the past few years. Despite the right to challenge CTA decisions legally, airlines rarely do so. According to the CTA, airlines have only appealed six decisions involving compensation in recent years.
However, new federal measures adopted in late September 2023 have broadened the types of CTA decisions that can be contested in court. Legal experts suspect airlines might exploit this, dragging more passengers into legal battles.
“It’s really unfortunate; there’s going to be a lot more of these [cases],” said John Lawford, a lawyer and executive director of the Public Interest Advocacy Centre. He warned that airlines might try to complicate the complaints process further.
The new measures were intended to expedite the complaints process by allowing CTA officers to issue decisions, but they also made it easier for airlines to contest decisions in Federal Court. Previously, carriers had to go to the Federal Court of Appeal, which had a higher threshold for cases.
“The airlines will be able to attack these CTA decisions on more grounds than they could have before,” said Mark Mancini, an assistant law professor at Thompson Rivers University in Kamloops, B.C. “It’s a much easier process for the airlines.”
Air Canada, however, disputes the idea that carriers will flood the courts with cases. Spokesperson Peter Fitzpatrick stated that legal challenges are “complex and costly,” pursued only for “serious questions of fact or law.” He noted that since the new measures took effect, Air Canada has contested only the Dyczkowskis’ case.
The Specifics of Air Canada’s Challenge
Under federal rules, airlines must pay up to $1,000 compensation per passenger for delays or cancellations within their control. In the Dyczkowski case, Air Canada argues that bad weather, beyond its control, was the primary cause of the delay. The CTA officer disagreed, finding Air Canada responsible.
Air Canada claims the officer “failed to properly evaluate the evidence.” Fitzpatrick said that the judicial review was necessary to clarify the new CTA officers’ obligations when assessing evidence. He assured that the Dyczkowskis wouldn’t be liable for legal fees if Air Canada wins.
Fitzpatrick explained that the judicial review process requires the original parties, Air Canada and the passengers, to remain involved, rather than targeting the CTA.
The CTA has requested to participate in the case, but Air Canada is opposing this move. The Dyczkowskis’ lawyer, Peter Choe, who is working pro bono, expects a hearing in the fall.
CTA’s Response and Future Implications
The CTA, dealing with a backlog of over 72,000 passenger complaints, stated that the new system is effective, with newly hired officers accelerating complaint resolution.
“We’re processing them faster,” said CTA spokesperson Tom Oommen. He added that it’s too early to determine if airlines will challenge more decisions in court.
Consumer advocate John Lawford argues that this wait-and-see approach is unfair to passengers, suggesting the CTA adopt an ombudsman-like service where disputes are resolved without legal recourse.
“The airline regulations should be free. They should be simple to understand. And it shouldn’t involve court ever for consumers,” he said.
Oommen noted that passengers involved in judicial review cases aren’t required to participate and that judges will still review all relevant documents.
Despite not wanting to go to court, Dyczkowski said, “If I didn’t, that means that the judgment can be issued against you, without you having a chance to say anything.”