Air Canada passenger claims he’s out hundreds of dollars in cancellation compensation

Editor’s Note: This story has been clarified to reflect the Air Passenger Bill of Rights compensation figure for a cancelled flight is $1,000. A previous version quoted denied boarding compensation in error.

Another Air Canada passenger is blasting the airline for what they feel is “terrible” customer service after having their flight suddenly cancelled.

Steven Carkner claims the carrier is trying to dodge paying full compensation under Canada’s Air Passenger Bill of Rights by seemingly taking advantage of a loophole.

Carkner says he was trying to fly home to Ottawa to see his family on Father’s Day when his flight from Washington, DC was cancelled at the last minute.

“There was no direction about what to do or what came next but eventually a gate agent came along and basically told us to leave the secure zone and go back to the agent at the start of the airport,” he told CityNews.

An hour later, he says he recieved an email from Air Canada telling him he had been rebooked on a flight 38 hours later.

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Carkner says the flight he was offered was “terrible” — almost two days later — and he could see other flights were available that night and the next day, so he clicked the “no” option and Air Canada automatically cancelled everything and said it would issue a $400 refund.

“It occurred to me they were hoping I would reject the flight because as soon as I indicated I wasn’t interested, it cancelled my itinerary and offered a refund and that was it. No confirmation, no other offer, nothing.”

Carkner says he wanted to go home so booked another Air Canada flight the next day at his own expense.

Under the Air Passenger Bill of Rights requirements, a cancelled flight resulting in a delay of more than nine hours would result in an airline being required to provide $1000 in compensation. By offering me a flight that I rejected, apparently, under that same act, they are only required to pay me $400,” he explained.

“I don’t care so much personally about the compensation. What I care about is it seems like Air Canada has found a loophole whereby offering a terrible flight that they know people will reject, they just saved themselves [hundreds of dollars].”

A July 10 email addressed to Carkner from Air Canada offered no clear explanation for the offer of a $400 refund.

“In accordance with the Canada Air Passenger Protection Regulation, the amount of compensation for situations like yours will be $400 CAD. This is the compensation mandated when a flight disruption was caused by reasons within the control of the airline, and the customers chose not to proceed with the travel on their original itinerary.

“The alternate transport taken to your final destination does not qualify in the assessment of the amount of compensation under the regulation.”

Carkner says he told Air Canada that he was rejecting the offer but they issued the refund anyway, sending an e-transfer which was auto-deposited to his bank account, and indicated he could send copies of his incurred expenses and the airline would consider covering them.

“As far as they’re concerned, I’ve accepted the money. If you accept a partial payment on something, it does have a legal ramification.”

At this point, Carkner says he’s just throwing his hands up in the air and is ready to move on.

Steven Carkner claims Air Canada is trying to dodge paying full compensation under Canada’s Air Passenger Bill of Rights by seemingly taking advantage of a loophole. (Courtesy Steven Carkner)

“I’m considering taking it to the ombudsman’s office [the Air Passenger Protection section of the Canadian Transportation Agency] but they say the expected wait time is a year-and-a-half right now before they will look at a case.”

Carkner reiterates it’s not about monetary compensation at this point.

“My concern is, if they’ve found a loophole, a year-and-a-half from now, it’s another 18 months of people who are going to be facing the same sort of thing. I would rather they had honestly tried to book me on another flight, And the fact is, I was able to go online, on my phone, and within 15 minutes I had a flight booked the next day instead of 38 hours later,” he says.

“There were people around me in the same boat who were booking flights that night — some who were offered rebooked flights two or three days out — because it seems there is no penalty to Air Canada for doing that.”

CityNews has reached out to Air Canada about Carkner’s case but the airline has yet to respond.