The future of passenger compensation for cancelled or delayed flights and lost baggage is now in the hands of the Supreme Court of Canada.
The country’s highest court on 25MAR spent three hours hearing an airline industry appeal of the Canadian government’s planned Air Passenger Protection Regulations (APPR).
The APPR, which was approved by Ottawa in 2019, includes tougher rules aimed at protecting pax whose flights are cancelled or delayed.
The Toronto Star says the APPR includes compensation of up to $1,000 for delayed flights within an airline’s control. Delays of three hours or more entitle a passenger to $400, delays of six hours or more are worth $700, while delays of nine hours or more are worth $1,000. Smaller airlines face lower compensation payments.
The APPR also specifies compensation for lost pax baggage.
The industry is asking the Supreme Court of Canada to overturn a 2022 ruling by the Federal Court of Appeal that largely upheld the new regulations.
IATA, Air Canada and Porter Airlines are arguing that parts of the APPR conflict with international conventions on air travel.
The Globe and Mail says an airline industry lawyer told the Supreme Court that the APPR includes automatic compensation to inconvenienced airline pax, but the so-called Montreal Convention says customers must prove they suffered damages or incurred costs of food or lodging as a result of a flight disruption.
“While Porter agrees with broad objectives of the regulations, we are supporting other parties in the court application to clarify aspects that may be inconsistent with established treaty obligations for international travel,” Porter Airlines spokesman Brad Cicero said in an email to Open Jaw. “We already meet or exceed the standards set out through the regulations in many areas.”
Montreal-based aviation expert John Gradek told the Star that airlines are leery of big money payouts if the APPR is approved by the Supreme Court.
“They’re facing tens of millions of dollars in compensation payments,” he said. “They’d love to do away with these rules.”
The judges adjourned following Monday’s hearing and said they will issue a decision at a later date, which could be months or even a year away.
