A Canadian airline is under scrutiny after dozens of passengers were denied compensation for cancelled flights, with allegations that the carrier deliberately swaps working aircraft for those requiring repairs to avoid payouts.
Passengers Left Stranded
Brad Vanderwilk and his girlfriend experienced this firsthand when their WestJet flight from Mexico to Edmonton was cancelled with just a day's notice in March. They were rebooked on an indirect flight via Victoria, which would have left them stranded overnight and arriving home 16 hours late, forcing them to scramble for childcare arrangements, Vanderwilk told CBC Go Public.
Under Canada's Air Passenger Protection Regulations, passengers are entitled to $1,000 in compensation for delays within the airline's control, but not for safety-related issues. WestJet denied Vanderwilk's claim, citing "unscheduled maintenance required for safety." However, flight records reviewed by CBC revealed that WestJet had replaced the original aircraft with a plane grounded for two days, then promptly cancelled the flight.
"I feel lied to and cheated," Vanderwilk said. "They're just trying to do what they can to not pay anybody anything."
Pattern of Denials
CBC Go Public found 34 cases where passengers were denied compensation after their aircraft were swapped, with the airline citing safety reasons each time. Other passengers echoed Vanderwilk's frustration. Viren Harjani, whose Toronto to Montego Bay flight was cancelled in December, said: "I just feel completely blindsided." Simon Turcotte-Langevin, who missed two days of vacation, added: "They're lying to our face." Lucy Pascal, whose Calgary to Puerto Vallarta flight was cancelled, called it "unethical."
WestJet told CBC that aircraft swaps are sometimes made to minimize disruption for the greatest number of guests, but did not address why swaps occurred shortly before cancellations. The Independent has contacted WestJet for comment.
Fraud Allegations
Gábor Lukács, founder of Air Passenger Rights, told CBC that the pattern suggests a deliberate strategy. "There's a pattern of a good aircraft being swapped with a bad one and then passengers being told, 'Sorry, the aircraft broke down,'" he said. "It's called fraud. There's no other way to describe it." Lukács estimates the airline can avoid paying between $75,000 and $200,000 per cancelled flight.
The Canadian Transportation Agency (CTA), the country's airline regulator, previously ruled against WestJet in a similar 2022 case involving an aircraft swap. The CTA said it is investigating CBC's reporting, with a spokesperson stating: "The CTA takes allegations of tariff breaches seriously."
