News
August 26, 2025
WestJet loses appeal, must compensate for preventable safety delays
WestJet had argued 'safety reasons' should exempt them from payouts, even if crew shortages arose through their own lack of planning or inaction.
**WestJet Must Pay Up: Airline Loses Appeal Over Preventable Safety Delays**
WestJet has lost its appeal and will now be required to compensate passengers for flight delays deemed preventable, even when those delays are attributed to “safety reasons.” The ruling clarifies that WestJet cannot escape passenger compensation obligations simply by citing safety if the underlying cause of the delay stems from the airline's own shortcomings, such as inadequate crew scheduling or insufficient planning.
The airline had argued that any delay classified as being for “safety reasons” should automatically exempt them from having to provide compensation to affected passengers. This included situations where crew shortages, for example, arose due to internal scheduling failures or a lack of proactive measures by WestJet to ensure adequate staffing levels. The appeal court, however, rejected this argument, siding with the original ruling that placed the onus on the airline to demonstrate that the safety-related delay was truly unavoidable and not a consequence of their own actions or inactions.
This decision is a significant win for passenger rights advocates who have long argued that airlines should be held accountable for disruptions caused by factors within their control. Previously, airlines could potentially shield themselves from compensation by broadly citing "safety" as the reason for a delay, even if the root cause was a problem of their own making.
The ruling emphasizes that airlines have a responsibility to manage their operations effectively and proactively address potential issues that could lead to delays. This includes proper crew management, aircraft maintenance scheduling, and contingency planning for unforeseen circumstances. While safety remains paramount, the court made it clear that airlines cannot use it as a blanket excuse to avoid compensating passengers when delays are demonstrably preventable.
The specific details of the compensation WestJet will be required to pay out will depend on the nature and length of the delays experienced by passengers. Passengers affected by delays that WestJet now acknowledges are compensable are encouraged to contact the airline to initiate the claim process. This ruling sets a precedent and will likely impact how other airlines operating in Canada handle similar situations moving forward, increasing pressure for better operational planning and accountability within the industry.
WestJet has lost its appeal and will now be required to compensate passengers for flight delays deemed preventable, even when those delays are attributed to “safety reasons.” The ruling clarifies that WestJet cannot escape passenger compensation obligations simply by citing safety if the underlying cause of the delay stems from the airline's own shortcomings, such as inadequate crew scheduling or insufficient planning.
The airline had argued that any delay classified as being for “safety reasons” should automatically exempt them from having to provide compensation to affected passengers. This included situations where crew shortages, for example, arose due to internal scheduling failures or a lack of proactive measures by WestJet to ensure adequate staffing levels. The appeal court, however, rejected this argument, siding with the original ruling that placed the onus on the airline to demonstrate that the safety-related delay was truly unavoidable and not a consequence of their own actions or inactions.
This decision is a significant win for passenger rights advocates who have long argued that airlines should be held accountable for disruptions caused by factors within their control. Previously, airlines could potentially shield themselves from compensation by broadly citing "safety" as the reason for a delay, even if the root cause was a problem of their own making.
The ruling emphasizes that airlines have a responsibility to manage their operations effectively and proactively address potential issues that could lead to delays. This includes proper crew management, aircraft maintenance scheduling, and contingency planning for unforeseen circumstances. While safety remains paramount, the court made it clear that airlines cannot use it as a blanket excuse to avoid compensating passengers when delays are demonstrably preventable.
The specific details of the compensation WestJet will be required to pay out will depend on the nature and length of the delays experienced by passengers. Passengers affected by delays that WestJet now acknowledges are compensable are encouraged to contact the airline to initiate the claim process. This ruling sets a precedent and will likely impact how other airlines operating in Canada handle similar situations moving forward, increasing pressure for better operational planning and accountability within the industry.
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