AIR TRANSPORTATION - Limitations on liability to air carrier - Disruption outside of the airline’s control

Law360 Canada ( October 20, 2026, 9:38 AM EDT) -- Appeal by Air Passenger Rights (Association) from an order dismissing its petition for judicial review. Two airline passengers brought a claim against WestJet Airlines Ltd. (WestJet) in the Civil Resolution Tribunal (CRT) seeking standardized compensation for a flight delay under the Air Passenger Protection Regulations (Passenger Regulations) and recovery of out-of-pocket expenses during the delay period. The CRT dismissed the claim for standardized compensation because the flight delay was caused by a “labour disruption” arising from the delivery of a 72-hour strike notice by the pilot’s union and allowed the claim for out-of-pocket expenses. The passengers assigned their claim to the Association, which initiated a judicial review challenging the CRT decision on standardized compensation. The judge dismissed the judicial review, finding that the assignment was invalid, the Association had no standing to bring the judicial review, and the CRT lacked jurisdiction to decide the standardized compensation claim, which fell within the exclusive jurisdiction of the Canadian Transportation Agency (CTA). On appeal, the Association challenged each of those conclusions and argued that the CRT erred in dismissing the standardized compensation claim....
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