WestJet loses attempt to short-circuit B.C. lawsuit by passengers with disabilities
WestJet has lost its application to stop a proposed class-action lawsuit that claims the airline is unfairly charging passengers with disabilities extra fees when they need more space on international flights, according to a B.C. Appeal Court decision.
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The class action was launched in 2021 in B.C. Supreme Court by Canadian Paralympian Paul Gauthier and Christopher Reaume — who use wheelchairs and need extra seating to accommodate their disabilities — against WestJet and other Canadian airlines on behalf of passengers with disabilities.
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The suit alleged WestJet's levying of extra charges against passengers with disabilities who require extra space contravenes existing provincial consumer protection, and is unconscionable and unenforceable.
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In 2008, the Canadian Transportation Agency required Canadian airlines to stop charging extra fares or fees to passengers needing more room because of disabilities. But that regulation didn't apply to international flights.
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The proposed lawsuit is asking for Canadian airlines to follow provincial consumer laws and stop charging the fees on international flights. It seeks damages for the class members and reimbursement for past charges.
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In 2023, WestJet asked the B.C. Supreme Court to throw out the case, arguing it was a claim for discrimination that could be remedied under the Canadian Transportation Act or the Canada Human Rights Act and should not go to the courts.
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The B.C. Supreme Court refused the throw out the case, so WestJet appealed.
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Now the Appeal Court has sided with the B.C. Supreme Court in a decision written by Justice Gail Dickson and agreed to by Justice Lauri Ann Fenlon and Justice Janet Winteringham.
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WestJet also argued the lawsuit was bound to fail because the federal regulations for accessible transportation for passengers with disabilities allows it to charge fares per seat and not per person.
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It also argued that federal rules take precedence over the provincial consumer protection laws. The Appeal Court justices disagreed, saying the federal regulations could be compatible with the provincial consumer protection law.
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The Canadian Transportation Agency, which provides passengers with disabilities equal access to transportation, had earlier rejected WestJet's argument in a case about domestic flights that 'one-person, one-fare pricing would be prohibitively expensive and heavily abused,' according to Dickson's judgment. The agency said WestJet would lose about 16 cents on average in revenue per flight, which it said was not an undue hardship.
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