WestJet has been ordered to stop advertising any limits on expenses being claimed for reimbursement by passengers whose flights are delayed or cancelled.
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In the B.C. Supreme Court ruling handed down Friday, Judge John Gibb-Carsley granted a partial injunction being sought by advocacy group Air Passenger Rights that stops the airline from posting to its website or communicating to passengers any “fixed limits” on expenses that can be claimed.
“This injunction prohibits WestJet from making such kind of misleading and deceptive communications to consumers,” said Air Passenger Rights founder Gabor Lukacs in an email Friday.
“This decision is a major victory for Air Passenger Rights, and we are very grateful to Mr. Simon Lin, our counsel and outside board member, for his hard work and dedication to secure this victory.”
However, the judge went on to say he was “reluctant to interfere significantly” with the airline’s ability to decide business policies, adding that “some form of standardized business approach to addressing claims appears both reasonable and necessary.”
The judge also did not order the airline to reimburse passenger expenses beyond meals and accommodations.
WestJet’s reimbursement policy previously advertised that domestic passengers could claim up to C$150 per night for accommodations, while international passengers could claim up to C$200. Meals could also be reimbursed at up to $45 a day, along with transportation costs between the airport and hotel.
However, the policy said it would not cover roaming cellular charges, refunding prepaid tickets for events missed due to flight problems, covering lost wages or paying for missed flight connections.
Air Passenger Rights had argued that the policy was “deceptive” and that there were no set limits under Canada’s Air Passenger Protection Regulations or the Montreal Convention.
In July 2024, Air Passenger Rights had issued a cease-and-desist letter to WestJet over the reimbursement policy, before filing for the injunction the following month.
At some point in August 2024, the airline removed the wording in question from its website that indicated there were set limits to expenses covered. WestJet then filed a response to APR’s injunction application, saying the application was moot.
APR, however, argued the airline was still employing its original policy and issuing “arbitrary” reimbursement amounts, instead of assessing expenses on a case-by-case basis.
The injunction handed down this week only prevents the airline from advertising or communicating any predetermined fixed limits to reimbursement claims, but does not make any orders on what can be reimbursed or how the amounts are determined. That matter will be decided as part of a trial scheduled to take place in 2026.