B.C.’s Civil Resolution Tribunal has ordered Flair Airlines to pay two British Columbians $500 each for cancelled flights.
Olivia Donner and James Broadhurst had booked an Aug. 29, 2023 flight from Vancouver to Calgary with Flair, according to tribunal member Jeffrey Drozdiak's Aug. 7 decision.
However, he heard, Flair cancelled the flight and rebooked the two on a flight leaving the next day.
Donner and Broadhurst each sought $500 for the flight cancellation under the Air Passenger Protection Regulations (APPR), plus $500 for time spent dealing with this dispute.
Flair, though, said it cancelled the flight because the airplane for the flight experienced bird strikes while landing in Vancouver.
“So, Flair argues the delay was outside the carrier’s control and it does not owe the applicants $1,000,” the ruling said.
The flight was scheduled to leave at 3:10 p.m. and arrive at 5:40 p.m.
At 9:41 a.m. on the day of the flight, Flair notified Donner and Broadhurst that their flight had been cancelled. They were booked on the next available flight leaving on Aug. 30, 2023, at 5:25 a.m.
“The rebooked flight landed over 14 hours after the originally scheduled landing,” Drozdiak said.
On Sept. 14, 2023, Donner emailed Flair requesting compensation under the APPR. In an emailed response, Flair wrote that the delay was caused by weather and was therefore outside Flair’s control.
Donner and Broadhurst provided search results from the Civil Aviation Daily Occurrence Reporting System (CADORS) for Aug. 27-30, 2023. They argued the results showed Flair did not experience any reported bird strikes during that time.
In its dispute response, Flair said the tower sends any occurrences to Transport Canada for input into CADORS.
“Flair argues it does not know why the bird strike was not reported,” Drozdiak said, noting Flair provided no evidence.
“So, there is no evidence before me, other than Flair’s bare assertion, showing that a bird strike cancelled the flight. Flair also does not explain why it emailed the applicants on Sept. 14, 2023, saying the delay was caused by weather,” Drozdiak said.
The tribunal ruled the flight cancellation was likely within Flair’s control and awarded Donner and Broadhurst $500 each.
