Letter Decision No. LET-A-22-2019
Sunwing Airlines Inc. (Sunwing) flight disruptions at the Toronto Pearson International Airport (Toronto Airport) and the Montréal–Pierre Elliot Trudeau International Airport (Montréal Airport).
On January 25, 2019, Sunwing made a request to the Canadian Transportation Agency (Agency) for an extension of time to respond to the direction to show cause set out in Decision No. LET‑A‑18-2019. Sunwing also requested an opportunity to comment on the passengers’ replies as it had not yet received documentation in relation to all complaints which form part of the inquiry.
On January 30, 2019, the Agency provided the carrier with access to additional material in relation to complaints against it and the information provided to the Inquiry Officer during his investigation. Some of this material contains sensitive personal information. The Agency orders that Sunwing treat passengers’ personal medical information, credit card or bank account numbers, and individual travel documentation such as passport numbers as confidential and sign the attached undertaking. The same personal information will be redacted from the public record. All other passenger evidence will be placed on the public record.
Given the length of the Inquiry Officer’s report and volume of material on the record, the Agency grants Sunwing’s request for an extension of 10 business days to respond to the direction to show cause, from February 5 until February 19, 2019. Consequently, the revised deadline for passengers to provide replies will be February 26, 2019. Passenger replies can only address arguments and evidence raised by Sunwing in its answer to the Agency’s direction to show cause; replies that raise new issues will not be placed on the record.
As Sunwing now has access to the complete record and an extension of time to submit its answer, the Agency denies its request to respond to any passenger replies. The Agency notes that Sunwing is not required, at this stage, to address individual compensation claims. In the event that the Agency finds Sunwing liable to pay compensation, it will only set this out as a general principle in its final decision on possible tariff violations, giving Sunwing an opportunity to settle claims for compensation directly with the passengers. The Agency will only adjudicate individual compensation claims where such agreement cannot be reached.