The BC Supreme Court issued an injunction Friday stopping WestJet from telling passengers that there are fixed dollar-amount limits on expenses they can be reimbursed for during a flight cancellation or delay.
This latest development is part of an ongoing court case between consumer-advocacy group Air Passenger Rights (APR) and the Canadian airline. APR president and founder Gábor Lukács characterized it as a “major victory” for passenger rights.
“WestJet has been pretending as if there was some kind of legal and clear maximum amount on how much it has to pay passengers,” Lukács told Daily Hive. “This injunction prohibits WestJet from making such kind of misleading and deceptive communications to consumers.”
WestJet used to have a statement on its website saying passengers subject to a controllable delay where WestJet didn’t secure a hotel for them could only be reimbursed up to $150 per night for hotels in Canada and $200 per night outside Canada. It also said it would only reimburse a maximum of $45 per day for meals.
The airline voluntarily removed that language from its website when APR first filed the dispute in court, but the injunction also prohibits the airline from referencing those maximums in direct communication with passengers.
The court still hasn’t decided whether those dollar limits were a deceptive practice — it’s set to hear the case in January 2026. But the injunction prevents WestJet from telling customers it would only reimburse them to a set maximum.
Central to the court proceedings is a WestJet passenger who sought reimbursement of nearly $7,000 after cancellations and rebookings after a WestJet strike forced her to stay in Los Angeles for five more days than planned. The airline responded in November 2024, saying it would only reimburse her US$292.
“As we have reviewed your request according to our guidelines, we are unable to assist you with out-of-pocket expenses,” it said.
Lukács has been a vocal critic of airlines shirking their responsibilities under Canada’s Air Passenger Protection Regulation, and following their own policies instead of Canadian law. He has also criticized Canada’s transportation authorities for failing to enforce their regulations on airline conduct.
As for WestJet, it told the court it finds hotels for 95% of passengers affected by overnight delays and cancellations and the injunction will only apply to a small number of cases.
The court case also looks at whether airlines should be held responsible for passengers’ lost wages or event costs because of controllable cancellations and delays. No decision has been issued on that matter yet.
Daily Hive asked WestJet for comment but has not yet heard back.