Anxious to get home after the holidays, Carla Di Censo and her husband were furious when Air Canada cancelled their flight from Prince George, B.C., to Vancouver less than nine hours before take-off on New Year’s Eve. The disruption caused the couple and their young daughter to miss their connecting flight home to Ottawa.
“We were like, ‘What on earth is happening?’” Di Censo told Global News. “It took several hours to get through and ask [Air Canada] what was the reason for the delay. We were told on the phone: ‘crew constraints.’”
That information also appears in flight-status screenshots Di Censo provided to Global News.
As Di Censo’s flight was rescheduled a full 24 hours later, she, her husband and daughter made separate claims to Air Canada for compensation of $1,000 each under the newly created Air Passenger Protection Regulations (APPR), which lay out airlines’ obligations to passengers for issues like flights disruptions and lost or damaged luggage.
The family’s claims, however, were all initially rejected. In communication seen by Global News, Air Canada justified the denials saying, “the delay was caused by an event outside of our control.” The airline’s message, however, incorrectly referenced a number of flights that, while part of the family’s trip, were not part of the claim.
Di Censo’s story is one of nearly a dozen involving Air Canada passengers who spoke to Global News who said they believe the airline is intentionally mis-referencing flights or misrepresenting the cause of flight delays. They claim Air Canada is doing this to avoid paying compensation under new rules that came into effect in December.
A screenshot indicating the wrong dates of Di Censo’s flight.
Di Censo posted about her experience on Facebook and received messages from other passengers who’d filed similar claims and claimed they received similarly puzzling denials referencing the wrong flights.
“How can somebody make the same mistake over and over again? It just seemed bizarre.”
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New rules came into effect on Dec. 15, 2019, mandating that large airlines — like Air Canada, WestJet or Air Transat — must pay between $400 and $1,000 for flights when passengers are delayed by three hours or more. Smaller airlines, like Swoop or Flair, are required to pay anywhere from $125 to $500.
In mid-July, regulators enacted the first phase of APPR, which focused primarily on remedying travel mishaps like tarmac delays, lost baggage and overbooking.
Ten passengers who spoke with Global News provided documents and correspondence with Air Canada that showed flights cancelled or delayed for staffing or scheduling issues, which are considered within an airline’s control and eligible for compensation under the new regulations. All the claims, however, were initially rejected by Air Canada claiming events outside of its control caused the flight disruptions.
“I mean, is it very clear to me that it’s an approach that they’re using to avoid having to pay these claims out,” Di Censo said.
Air Canada eventually reversed its decision about Di Censo’s husband, acknowledging that compensation was owed under the APPR. The airline also offered $1,000 each in compensation to Di Censo herself and her daughter but, once again, referenced flights that were unrelated to the APPR claims.
Di Censo estimates it took her around 50 hours’ worth of phone calls, emails and research for her family to eventually gain compensation and an apology. She worries others may be unfairly denied and not know it.
“This is sort of like a systemic strategy not to pay people,” she said. “I think they’re just trying to confuse [the public] so that we … just sort of back off.”
Air Canada did not respond to a detailed list of questions about Di Censo’s case or others reported by Global News, but said the airline’s policy is to “fully abide by the APPR.”
“We have put in place the necessary processes and procedures to ensure compliance and are dealing with customers directly,” Air Canada said in a statement. “We have no additional information to offer, but would point out for context that since the APPRs first took effect we have transported more than 25 million customers.”
In another case involving a flight to Halifax, Cheryl Yates was initially told that her claim for a Dec. 27 flight home from Boston was ineligible for compensation. Even though Yates had a flight notification reporting crew constraints as the reason for the cancellation, Air Canada claimed the disruption was due to events outside its control.
The airline reversed its decision and acknowledged compensation of $1,000 was owed under APPR after Yates asked air passenger advocate Gabor Lukacs to intervene. The airline also said it would reimburse Yates for $85 for out-of-pocket expenses she’d incurred due to the delay.
In another case, Jesse Saindon and his wife were flying back home to New Brunswick from a vacation in Hawaii that took them from Maui to Vancouver and then on to Montreal. On the final leg of their trip from Montreal to Fredericton, their Feb. 1 flight was cancelled due to “crew constraints.”
Air Canada denied his claim for compensation citing “maintenance”. As in several other cases viewed by Global News, the airline’s response does not reference the flight that was part of the complaint.
“You’d think that if it was safety concerns, it would be in the email notifications that we got that it was a mechanical issue,” Saindon told Global News. “It’s pretty frustrating.”
Saindon said he has his “suspicions” about whether Air Canada is intentionally mischaracterizing claims.
“If the crew constraint thing is happening to a lot of people, which it seems to be, they would have to pay out, right? Why would you say crew constraints and then come back with safety issues? Those two things aren’t the same.”
Lukacs said there are two issues at play: an airline that is allegedly avoiding paying out compensations and unclear legislation enacted by federal Transport Minister Marc Garneau.
“It’s exactly what we predicted. The new rules don’t protect passengers properly and airlines take advantage,” Lukacs told Global News, adding that he’s been warning the government about this for more than two years.
Lukacs noted that compensation for delays or cancellations can be denied for maintenance required for safety purposes, something that creates the potential for airlines to misrepresent minor repairs and routine upkeep as safety-related.
“In Europe, the airlines cannot avoid compensation for claiming maintenance,” he said. “This is where the Canadian legislation misses the mark.”
In correspondence viewed by Global News, Air Canada frequently claimed disruptions were out of its control, referencing flights that were delayed because of maintenance.
“The inconsistent reasons [for denying compensation] demonstrate in my mind that the airline is lying and that they are not being honest with passengers,” Lukacs said.
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Greg Cashin, who works for an oil and gas company in Calgary, attempted to claim $400 for a three-hour delay on a Jan. 26 Air Canada flight from Las Vegas to Calgary.
Although Air Canada’s assessment shows the flight was delayed due to “scheduling issues,” the airline denied his compensation request because the delay was “outside of our control.” However, a separate meal voucher issued for the same flight classified the reason for the delay as “controllable.”
“I’m a frequent traveller and I know what’s in their control and what’s outside of their control,” Cashin said. “This one was squarely within their control. It’s quite frustrating that they’re not being forthcoming about it.”
Nearly 10,000 air travel complaints since July 2019
Complaints related to the APPR are handled by the Canadian Transportation Agency (CTA).
The agency has said airlines are expected to document reasons for each flight delay and cancellation and must report information about flight disruptions to Transport Canada. Airlines caught breaking the new regulations could face up to $25,000 in fines for each violation.
CTA told Global News it has received nearly 10,000 air travel complaints since phase one of the APPR first came into effect on July 15, 2019. The agency said in an email:
“This is an unprecedented volume and we are currently evaluating the complaints, including whether they are all related to the APPR.”
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CTA said it cannot comment on how many of the claims are attributable to a specific issue because it is still in the process of reviewing the complaints.
“Where the CTA receives a complaint regarding a flight disruption, the airline would have to demonstrate which category the disruption fell into and how it met its obligations,” the agency said. “If it were discovered that an airline had misrepresented the cause of a delay to the CTA, this would be taken very seriously and appropriate enforcement action would be taken.”
Asked whether Transport Minister Marc Garneau was investigating concerns around passenger complaints and potential loopholes in the new legislation, his office said the responsibility to enforce the new rules falls onto the CTA.
“Once passengers submit a claim to the CTA, the Agency will review the facts and make a decision. The outcome could require the airline to compensate passengers and possibly pay a fine for non-compliance with the regulations,” said Garneau’s press secretary Livia Belcea in an email.
“Since being fully implemented on December 15, 2019, the CTA has rigorously applied APPRs, demonstrating that the process is working.”
SANTA CLARA, Calif. (AP) — The San Francisco 49ers placed All-Pro running back Christian McCaffrey on injured reserve because of his lingering calf and Achilles tendon injuries.
The move made Saturday means McCaffrey will miss at least four more games after already sitting out the season opener. He is eligible to return for a Thursday night game in Seattle on Oct. 10.
McCaffrey got hurt early in training camp and missed four weeks of practice before returning to the field on a limited basis last week. He was a late scratch for the opener on Monday night against the Jets and now is sidelined again after experiencing pain following practice on Thursday.
McCaffrey led the NFL last season with 2,023 yards from scrimmage and was tied for the league lead with 21 touchdowns, winning AP Offensive Player of the Year.
The Niners made up for McCaffrey’s absence thanks to a strong performance from backup Jordan Mason, who had 28 carries for 147 yards and a touchdown in San Francisco’s 32-19 victory over the New York Jets. Mason is set to start again Sunday at Minnesota.
After missing 23 games because of injuries in his final two full seasons with Carolina, McCaffrey had been healthy the past two seasons.
He missed only one game combined in 2022-23 — a meaningless Week 18 game last season for San Francisco when he had a sore calf. His 798 combined touches from scrimmage in the regular season and playoffs were the third most for any player in a two-year span in the past 10 years.
Now San Francisco will likely rely heavily on Mason, a former undrafted free agent out of Georgia Tech who had 83 carries his first two seasons. He had at least 10 touches just twice before the season opener, when his 28 carries were the most by a 49ers player in a regular-season game since Frank Gore had 31 against Seattle on Oct. 30, 2011.
The Niners also have fourth-round rookie Isaac Guerendo and Patrick Taylor Jr. on the active roster. Guerendo played three offensive snaps with no touches in the opener. Taylor had 65 carries for Green Bay from 2021-23.
San Francisco also elevated safety Tracy Walker III from the practice squad for Sunday’s game against Minnesota.
BRUSSELS – Canada walked away with some hardware at the Diamond League track and field competition Saturday.
Alysha Newman finished third in women’s pole vault, while Marco Arop did the same in the men’s 800-metre race.
Newman won a bronze medal in her event at the recent Paris Olympics. Arop grabbed silver at the same distance in France last month.
Australia’s Nina Kennedy, who captured gold at the Summer Games, again finished atop the podium. Sandi Morris of the United States was second.
Newman set a national record when she secured Canada’s first-ever pole vault medal with a bronze at the Olympics with a height of 4.85 metres. The 30-year-old from London, Ont., cleared 4.80 metres in her second attempt Saturday, but was unable conquer 4.88 metres on three attempts.
Arop, a 25-year-old from Edmonton, finished the men’s 800 metres with a time of one minute 43.25 seconds. Olympic gold medallist Emmanuel Wanyonyi of Kenya was first with a time of 1:42.70.
Djamel Sedjati, edged out by Arop for silver in Paris last month, was second 1:42.87
This report by The Canadian Press was first published Sept. 14, 2024.
MILAN (AP) — Bologna’s preparations for its Champions League debut are not going well though it managed to spoil Como’s first Serie A home match in 21 years on Saturday.
Bologna came from two goals down to salvage a 2-2 draw to gather three points from its opening four matches.
Bologna hosts Shakhtar Donetsk on Wednesday. Its only other appearance in Europe’s top competition was in 1964 in the preliminary round of the old European Cup.
AC Milan is also winless as it prepares for a Tuesday Champions League match against Liverpool. The Rossoneri hosted promoted Venezia later. Juventus drew at Empoli 0-0.
Como made a great start in the fifth minute when Patrick Cutrone attempted to roll the ball across the six-yard box but it took a huge deflection off Bologna defender Nicolò Casale for an own goal.
Bologna thought it was gifted a way back into the match on the stroke of halftime when referee Marco Piccinini signalled for a penalty following an Alberto Moreno handball, but he revoked his decision and instead gave a free kick because the handball was just outside the area.
Bologna improved after the break but found itself further behind when Cutrone raced onto a through ball and cut inside past a defender and fired into the far bottom corner.
Tommaso Pobega hit the post for Bologna, which finally pulled one back in the 76th through substitute Santiago Castro.
Another substitute helped the visitors snatch a point when Samuel Iling-Junior curled a fine strike into the top left corner in stoppage time.
Unbeaten sides
Juventus, and more surprisingly Empoli, are among six unbeaten sides.
Empoli held Monza and Bologna to draws either side of a shock 2-1 win at Roma. Juventus’ perfect start to the season was ruined by Roma in a goalless draw before the international break.
On Saturday, there were few clearcut chances in Empoli although home goalkeeper Devis Vásquez made spectacular saves to fingertip out a Federico Gatti header and deny Dusan Vlahovic in a one on one with the Juventus forward.
Empoli had a good opportunity in the 73rd minute following an Alberto Grassi one-two with Pietro Pellegri but the finish was straight at Mattia Perin.
The host could have won it right at the death but Gatti flew in with a great sliding block to keep out Emanuel Gyasi’s close-range effort.
Juventus hosts PSV Eindhoven in the Champions League on Tuesday.
