Does this apply to you?
This case applies if an airline cancelled your international flight because of a strike or a strike notice. It matters most if you took a refund and then paid more to reach your destination another way. The tribunal said no APPR compensation was owed, but it ordered WestJet to pay the passengers' extra costs under the Montreal Convention.
What happened
David and Kyra Fairbotham booked WestJet flights from Vancouver to Lima for 19 May 2023, with a stop in Los Angeles. At about 10 pm the night before, WestJet emailed to say the flights were cancelled. WestJet's pilots had given notice of a strike set to start on 19 May. WestJet and the pilots reached a deal at about 3 am on 19 May, and the strike never happened.
WestJet rebooked the Los Angeles to Lima leg, but not the Vancouver to Los Angeles leg. The email gave three choices: take the rebooked leg, call WestJet for another flight, or cancel and ask for a refund. The Fairbothams could not reach the call centre. They took the refund and booked another airline. The new flights cost $302.79 more and had an overnight stop in Mexico City. They paid $151.83 for a hotel, $28.22 for taxis, and $88 for food.
They claimed $2,000 in APPR compensation plus those costs at the Civil Resolution Tribunal (CRT).
What the passengers argued
The Fairbothams said the cancellation was within WestJet's control because WestJet had nine months to settle with its pilots. They said WestJet should have kept a crew on standby in case the strike was called off. They pointed out that WestJet cancelled only 29 per cent of its flights that day. They also said WestJet broke the APPR by giving less than 12 hours' notice, by not offering an alternate flight, and by paying the refund late.
What WestJet argued
WestJet said a strike is a "labour disruption within the carrier", which section 10(1)(j) of the APPR lists as a situation outside the airline's control. It said the Fairbothams took a refund, and its tariff releases WestJet from all further liability once a passenger accepts a refund.
What the tribunal decided
No APPR compensation. The tribunal member agreed with an earlier CRT decision, Boyd v. WestJet Airlines Ltd., 2024 BCCRT 640. A strike notice and the expected work stoppage affected WestJet's ability to fly its passengers, so it was a labour disruption outside WestJet's control. The tribunal had no evidence about the bargaining, so it could not find that WestJet caused the strike. It also said the APPR does not require an airline to keep crews on standby during a labour dispute.
No ruling on the notice and refund breaches. The CRT can only decide debt claims. Penalties for breaking the APPR come from the Canadian Transportation Agency, so the tribunal made no finding on those points. The Fairbothams were free to complain to the Agency.
Extra costs were owed under the Montreal Convention. Article 19 of the Montreal Convention makes an airline liable for damage caused by delay on international travel, unless it shows it took all reasonable measures to avoid the damage. WestJet said Article 19 covers delay, not cancellation. The tribunal disagreed. The cancellation delayed the Fairbothams' arrival in Lima, and "delay" is broad enough to cover that.
The refund release did not apply. WestJet's tariff rule 105(10) says a refund releases WestJet from liability, but the rule begins with the words "subject to the applicability of the APPR, the Montreal Convention, and the Warsaw Convention". The tribunal read that release strictly against WestJet. WestJet gave no evidence of any measures it took to avoid the damage, so it was liable.
The tribunal ordered WestJet to pay $570.84 in damages and $62.50 in tribunal fees, a total of $633.34.
Why this matters
- A strike notice counts as a labour disruption, even if the strike is called off before the flight. No APPR compensation is owed for cancellations caused by it.
- A refund does not end the airline's liability on an international trip. If the airline's tariff makes the release "subject to" the Montreal Convention, you can still claim the extra cost of getting there.
- The airline must prove it took all reasonable measures to avoid the damage. If it files no evidence, it loses that point.
The details
| Court | Civil Resolution Tribunal of British Columbia |
| Decided | 11 July 2025 |
| Decision maker | Peter Mennie, Tribunal Member |
| Airline | WestJet Airlines Ltd. |
| Route | Vancouver to Lima via Los Angeles, 19 May 2023 |
| Claimed | $2,000 APPR compensation plus $646.10 in costs |
| Awarded | $570.84 damages plus $62.50 fees |
| Law applied | APPR sections 10(1)(j), 18 and 19; Montreal Convention Article 19; WestJet tariff rule 105(10) |