Air Canada takes B.C. couple to court over flight delay complaint

Earlier this month, while on vacation in Greece, Andrew and Anna Dyczkowski learned that Air Canada was taking them to court. Nearly four years earlier, the B.C. couple had filed a complaint with the Canadian Transportation Agency (CTA), the quasi-judicial tribunal and regulator that has jurisdiction over various aspects of the transportation system in Canada. The complaint was centred around a January 2020 flight that the couple says was delayed for 24 hours. Nearly four years later, the CTA ruled that Air Canada owed the Dyczkowskis $1,000 each and gave the airline until the end of December to pay. Instead, Air Canada has opted to challenge the ruling in Federal Court. If the airline is successful, the couple fears they could be out for more than just the $2,000 compensation they received — they could also be on the hook for Air Canada’s legal costs. “It’s intimidating,” Andrew, who works in construction trades in B.C., told National Post on Monday. Andrew says they followed the steps outlined by the Canadian Transportation Act to apply for compensation. He said he wasn’t aware that they could find themselves embroiled in a legal situation as a result. “This is just because we actually followed all the procedures in the CTA and there’s nothing on their website warning about it,” he said. “Well, be careful, because you might get sued by Air Canada and you might be found liable for their costs.” The legal fallout is a result of changes the federal government made to the Canadian Transportation Act last year. The amendments were intended to “clarify, simplify and strengthen consumer protection for air passengers.” They also gave new powers to the CTA to help clear a backlog of more than 45,000 complaints. Dyczkowski’s case is raising concerns that the new rules may disproportionately favour airlines, which can afford to engage in lengthy court proceedings and place financial risks on passengers.<br/>