Andrew Douglas never expected his fight for compensation against WestJet to lead to what is now seen as a landmark court ruling for air travel passengers across Canada.
The 72-year-old Ottawa resident took the airline to small claims court after being wrongly denied boarding on a flight to Cuba. The legal battle, spanning nearly three years, culminated in a judge condemning WestJet for insisting Douglas sign a non-disclosure agreement (NDA) to receive compensation.
“Beware of seniors—they have a lot of time on their hands,” Douglas joked, reflecting on his determination to challenge the airline’s demands.
Douglas was prevented from boarding his flight on January 31, 2022, despite presenting proof that no COVID-19 test was required for Canadians traveling to Cuba. WestJet refused to refund his $410 ticket, offering only baggage fee reimbursement and flight credits. Unwilling to accept the airline’s conditions, Douglas pursued legal action, ultimately rejecting multiple settlement offers that included NDAs.
The judge ruled in Douglas’s favor, ordering WestJet to pay him $2,118 plus interest. The court also condemned the airline’s use of NDAs in compensation settlements, calling it a “serious defect” and a tactic aimed at financial gain.
Air passenger rights advocate Gábor Lukács hailed the ruling as a major victory, emphasizing that airlines should not force passengers into silence when seeking rightful compensation. Legal experts believe the decision could reshape how airlines handle disputes in Canada, potentially leading to greater transparency.
Douglas hopes this case will spark changes to Canada’s air passenger protection regulations, particularly in redefining “denied boarding” to align with European standards. His case has now set a precedent, sending a strong message to the airline industry against unfair legal tactics.
Source: Swifteradio.com
