Air Canada has been accused of denying passenger compensation after cancelling flights by exploiting a maintenance loophole, according to multiple cases including one that led to a Canadian Transportation Agency (CTA) order for the airline to pay $1,000. Juan Rojas from Gatineau challenged Air Canada after his Montreal to Bogotá flight was cancelled in September 2022 and compensation was refused on the grounds of safety-related maintenance.
Air Canada Aircraft Reassignments and Flight Cancellations
The airline admitted to making commercial decisions to swap functioning aircraft onto routes where planes required safety-related maintenance, resulting in cancellations and denials of compensation. Flight disruptions affected passengers such as Michael Bociurkiw, whose
Vancouver to Newark connecting flight was cancelled mid-flight from Bangkok to Vancouver, despite the aircraft having the same registration number as the plane he was on. Carlos Fernandez’s May flight from Las Vegas to Toronto and Alison Monaghan’s July Toronto to Vancouver flight were also cancelled under similar circumstances involving aircraft reassignments and maintenance claims.
Regulatory and Legal Disputes Over Maintenance Exemption
The CTA has ruled that mechanical issues must be the direct cause of cancellations to exempt airlines from compensation, contradicting Air Canada’s interpretation that maintenance issues can be indirect. The CTA ordered Air Canada to pay Rojas $1,000 in January following his complaint. Sylvie De
Bellefeuille, director of legal services at Option consommateurs, described the maintenance loophole as a broad tactic for airlines to deny compensation, stating, “It’s a huge duffel bag in which they can put anything and everything.” Gabor Lukacs, founder of Air Passenger Rights, criticized Air Canada for ignoring settled legal interpretations, calling the airline’s approach deceptive.
Air Canada’s Official Position on Operational Adjustments
Air Canada acknowledged that aircraft schedules are fluid and that reassignments are necessary operational adjustments to reduce overall passenger disruptions. The airline defended its denial of compensation citing commercial decisions to use available planes to cover routes affected by safety maintenance. A CTA complaints officer
recognized these aircraft swaps as commercial decisions but confirmed that passengers affected by cancellations under such circumstances must be compensated.
Impact on Passengers and Regulatory Actions
Passengers like Rojas, Bociurkiw, Fernandez, and Monaghan received no compensation initially after cancellations labelled as safety-related maintenance. Most passengers lack sufficient information to dispute airlines’ claims, according to legal experts. The CTA has not issued fines against Air Canada for misclassifying cancellations but plans to publish dispute decisions after privacy concerns are addressed. Federal documents show prior transport ministers instructed the CTA to preserve airlines’ ability to deny compensation for maintenance-related cancellations. Transport Minister Steven MacKinnon declined interviews on the
subject.
