WestJet blamed fog for flight delay but Kamloops man sues and wins

A Kamloops man who was refused compensation from WestJet after his flight to Phoenix was delayed has successfully sued the airline in the small claims court. According to a Sept. 13 BC Civil Resolution Tribunal decision, Steven James Davidson arrived in Phoenix 4.5 hours late after departing Kamloops airport in March 2023. His flight went via Calgary, but the delay meant he missed the connection and had to be rebooked on a later flight. Canada's Air Passenger Protection Regulations stipulate that passengers are owed $400 compensation if flights are delayed between three and six hours, and the delay is within the airline's control. WestJet refused Davidson's request for compensation saying that a combination of weather and crew delays on two earlier flights were out of its control. The airline presented evidence to the online small claims court that showed fog had caused earlier delays which had a knock-on effect as the plane flew back and forth from Kamloops to Calgary. READ MORE: Kelowna woman sues after WestJet refuse to pay for lengthy delay https://infotel.ca/newsitem/kelowna-woman-sues-after-westjet-refuse-to-pay-for-lengthy-delay/it105441 The Tribunal accepted that fog had caused the earlier delays but asked WestJet to prove that it had taken "all reasonable measures" to mitigate the impact the delays had on flights as the day progressed. "I find that WestJet is in the best position to provide information about what reasonable measures were available or taken to mitigate the impact of the delay," the Tribunal ruled. "WestJet did not provide any details of steps that it took to mitigate the impact of the earlier delays... So, I draw an adverse inference against WestJet." The Tribunal ruled that as WestJet had failed to provide evidence that it took measures to mitigate the delays, it must have not taken them. The Tribunal ruled Davidson was owed $400 compensation as WestJet hadn't mitigated the earlier delays. Davidson can now add his name to a growing number of people who have successfully sued for compensation after the airlines refused to pay out. READ MORE: WestJet flip-flops as Kamloops woman sues over 48-hour delay https://infotel.ca/newsitem/westjet-flip-flops-as-kamloops-woman-sues-over-48-hour-delay/it105760 The passenger also argued that he booked a premium class seat on the Calgary to Phoenix journey, but because he took a later flight there wasn't a premium class seat available. He argued for $1,031 as compensation for the seat downgrade. WestJet argued the downgrade from premium to economy was worth $160, which is 40% of the base fare for the Calgary to Phoenix. "WestJet did not provide the average fare difference between classes to support this percentage," the Tribunal said. The Tribunal ruled 50% of the total cost of the Calgary to Phoenix segment was more appropriate, and ordered WestJet to pay $233 for the seat downgrade. Ultimately, the Tribunal ordered the airline to cough up $829 including interest and fees. To contact a reporter for this story, email Ben Bulmer mailto:bbulmer@infonews.ca  or call (250) 309-5230 or email the editor mailto:news@infonews.ca . You can also submit photos, videos or news tips to the newsroom mailto:tips@infonews.ca  and be entered to win a monthly prize draw. We welcome your comments and opinions on our stories but play nice. We won't censor or delete comments unless they contain off-topic statements or links, unnecessary vulgarity, false facts, spam or obviously fake profiles. If you have any concerns about what you see in comments, email the editor in the link above. SUBSCRIBE to our awesome newsletter here https://infotel.ca/newsletter .