Sunwing's appeal case centres on the contentious debate over when airlines can deny passengers compensation for flight disruptions in the name of safety. Ottawa has proposed new rules to help clarify its compensation regulations but can offer no timeline on when they take effect.Last month, Sunwing Airlines received approval in the Federal Court of Appeal to challenge an order that it pay a Regina couple $800 in compensation due to a flight delay.
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.Even so, Sunwing argues that the flight was delayed for safety reasons, so it's not obligated to pay compensation., 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.
Definitely feel for all of the people who may have been left stranded by @WestJet … @AirCanada did the same to me and I had to end up paying and finding my own way home on a competitor airline… when I went to seek compensation, of course Air Canada claimed ‘safety’…@CTA_gc We were delayed arriving at our final destination 15 hours. @WestJet denied our compensation claim, stating "unscheduled maintenance for safety".
The agency had determined that Sunwing must compensate the Anslows — plus any other passengers on the flight who filed claims — because the airline could have prevented the delay by turning on a pipe heater. Air Canada, WestJet launch legal battles to overturn orders to compensate passengers for cancelled flights"I am confident that the new regulations will bring more simplicity, will bring more clarity," said Tom Oommen, director general of regulatory affairs. "I think that this clarity will reduce the need for complaints to be brought to the agency for resolution."
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