Decision No. 128-C-A-2022

[1] The applicants were scheduled to travel from Cancun, Mexico, to Montréal, Quebec, on February 20, 2020, at 3:10 pm. However, their flight was delayed many times, and they arrived in Montréal approximately eight hours later than scheduled.

[2] The applicants indicate that the only information they received from the respondent was that the aircraft scheduled for their flight was stuck in the Dominican Republic since the day prior. The applicants state that the respondent could have scheduled another aircraft for their flight. Therefore, they claim compensation for inconvenience under the Air Passengers Protection Regulations (APPR).

[3] In this decision, the role of the Canadian Transportation Agency (Agency) is to decide whether the respondent properly applied the rules applicable to the tickets that the applicants purchased, as set out in the respondent’s Tariff that was in effect at the time the applicants purchased the tickets.

[4] The Agency opened pleadings on August 12, 2022. To file a response to the application, the respondent had until September 2, 2022. On August 29, 2022, it requested mediation, but the applicants refused to participate. The respondent did not file any other response.

[5] There is no proof on file to indicate that the flight delay was outside the carrier’s control or required for safety purposes. The Agency accepts the applicants’ arguments and finds that the delay was within the respondent’s control. Under the APPR, the applicants are entitled compensation for inconvenience in the amount of CAD 700 each.

ORDER

[6] The Agency orders the respondent to pay the applicants compensation in the amount of CAD 700 each, as soon as possible and no later than December 6,2022.