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Air Canada offering cash or vouchers to settle compensation claims it says are baseless

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Air Canada is reaching out to selected passengers, offering to settle their compensation cases currently stuck in a huge backlog with the Canadian Transportation Agency (CTA).

But several passengers told CBC News that they were offered far less cash than what they believe they’re owed, and they think Air Canada is using the backlog at the agency as leverage.

The CTA, an independent body that helps resolve disputes between airlines and passengers, says it has a backlog of more than 61,000 cases and that passengers must wait more than 18 months for a resolution.

If passengers settle early with Air Canada, they must drop their case with the CTA.

“These alternative offers, in my view, are a way to try and pressure people into accepting less than what they deserve,” said Samantha Smith, a university student in Edmonton.

She was floored when she received Air Canada’s settlement offer last week: $225 cash or a $400 travel voucher — far less than her $1,483 claim for a flight disruption last year.

“It was insulting,” Smith said. “I felt very angry and just really dismayed.”

Samantha Smith's two offers: $225 or a $400 travel voucher which Air Canada presented via an online porta.
Last week, Air Canada offered Samantha Smith via an online platform $225 cash or a $400 travel voucher to settle her compensation claim. The airline says she can also utilize a previously offered $700 voucher. (Submitted by Samantha Smith)

CBC News interviewed five passengers who said Air Canada made settlement offers for less than what they believe they’re owed. Even so, two said they agreed to a settlement — which included a confidentiality clause — rather than wait out the CTA backlog.

Air Canada told CBC News it pays full compensation for legitimate claims and recently started offering lower sums or travel vouchers to wrap up customers’ cases it deems baseless.

Sticking with the CTA

Smith said she believes her case is valid.

In June 2022, her flight from Toronto to Thunder Bay, in northwestern Ontario, was delayed overnight by 14 hours. She said Air Canada told her at the time it would cover her hotel stay.

Smith submitted a claim for $483 for hotel and incidentals, plus the mandated $1,000 payout for a flight delay of at least nine hours that’s within an airline’s control.

Air Canada responded by email that the delay was an “unforeseen operational constraint” and warranted zero compensation. Instead, it offered her a “goodwill” $700 travel voucher. Smith chose not to take it and filed a complaint with the CTA in April.

Samantha Smith shows two Air Canada settlement offers on her computer:
Smith, a university student in Edmonton, says she’s declining Air Canada’s early settlement offer because the cash portion is $225 — far less than her $1,483 claim for a flight disruption last year. (Samuel Martin/CBC)

Last week, Air Canada sent Smith an email stating that “timelines to resolve [CTA] complaints are expected to be lengthy” and invited her to immediately settle her case via an online platform.

When she went online, Smith was offered the $400 voucher or $225. Air Canada told CBC News this week that she can also still pocket, on top of the offer, the initial $700 goodwill voucher. That was news to Smith, who said vouchers won’t cover her expenses, so she’ll continue her CTA case.

“I think I am angry enough about what’s happened, and it doesn’t feel fair,” she said.

Under federal regulations, airlines must compensate passengers and cover any necessary accommodation for flight delays of three of more hours that are within their control and not required for safety reasons.

Since the rules took effect in 2019, passengers have flooded the CTA with complaints that they’ve been wrongly denied compensation. The agency says that about 82 per cent of the 12,600 complaints it has received since July 17 involved compensation for flight disruptions.

Nearly half of all flight delays in 2022 were deemed the responsibility of an airline, according to data from Transport Canada.

‘Kind of unconscionable’

CTA spokesperson Vincent Turgeon told CBC News that passengers are free to settle with their airline at any time.

But consumer advocate and lawyer John Lawford said Air Canada shouldn’t be meddling with the CTA process.

“It’s really kind of unconscionable,” said Lawford, executive director and general counsel of the Public Interest Advocacy Centre in Ottawa.

“It’s an abusive use of an offer to try to get consumers to agree to something just because there’s delays and they may be desperate to get their money back.”

He said he believes Air Canada’s motive is “to reduce their liability over all the claims because there are thousands and thousands.”

Air Canada responds

Air Canada spokesperson Peter Fitzpatrick told CBC News in an email that the settlement offers were designed to reduce the CTA backlog and better manage the airline’s resources.

He said the offers, which customers are free to reject, have generated lots of positive feedback, allow customers to swiftly negotiate a settlement and mainly involve claims Air Canada deems illegitimate.

“Those being offered the opportunity to negotiate … do not have a valid … claim, in our opinion,” Fitzpatrick said.

 

Canadian airlines face tough questions about lack of compensation after flight delays

Featured VideoCanadian airlines are facing growing frustration from passengers who say they are being unfairly denied compensation for delays and cancellations — sometimes without even finding out why. Now calls are growing for federal regulators to impose tougher fines on airlines that skirt the rules.

Shafik Bhalloo, a lawyer and associate professor at Simon Fraser University’s Beedie School of Business in Vancouver, said it’s common practice for companies to try to quietly and quickly settle customer disputes.

“Why not do what they are doing?” he said. “They do not have to waste money on defending the complaint.”

Also, if passengers take the voucher offer, that guarantees the airline more business, Bhalloo said.

Passenger gets counter-offer

Air Canada passenger Scott O’Donnell, who was offered a settlement deal, said he also believes his claim is valid.

O’Donnell was delayed close to four hours when flying from his home in Edmonton to Toronto in December 2022.

If Air Canada was responsible, he would get $400 — the mandated compensation for flight delays under six hours. Last year, the airline rejected O’Donnell’s claim and blamed “bad weather” — which he disputes.

Scott O'Donnell looking at his phone.
Air Canada offered to settle Scott O’Donnell’s $400 compensation claim for $150 cash or a $400 voucher. He turned it down. (Trevor Wilson/CBC)

Last week, Air Canada made him an offer: $100 cash or a $200 travel voucher. When O’Donnell clicked the “decline” button online, Air Canada upped the offer to $150 cash or a $400 voucher. But he declined again.

“If I accepted a really cheap offer, I’d be letting them off the hook too easily,” he said. “I think they need to be held to account.”

O’Donnell also questioned Air Canada’s strategy of increasing an offer after a passenger rejects the initial one.

“Somebody might just easily take that first offer and run with it” without knowing they could get a better deal, he said. “I think that’s very misleading.”

Air Canada’s Fitzpatrick said it’s clear from Air Canada’s website that passengers can negotiate, as it calls its settlement system a “dispute resolution platform.”

Passenger Samantha Smith, who chose to ignore her offer and never clicked the “decline” button, says she had no idea she could possibly negotiate a better deal.

“That’s news to me,” she said.

The CTA says it recently revamped its complaints process to make it more efficient. The federal government has proposed new rules to strengthen passenger compensation rights that could take effect next year.

 

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Telus prioritizing ‘most important customers,’ avoiding ‘unprofitable’ offers: CFO

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Telus Corp. says it is avoiding offering “unprofitable” discounts as fierce competition in the Canadian telecommunications sector shows no sign of slowing down.

The company said Friday it had fewer net new customers during its third quarter compared with the same time last year, as it copes with increasingly “aggressive marketing and promotional pricing” that is prompting more customers to switch providers.

Telus said it added 347,000 net new customers, down around 14.5 per cent compared with last year. The figure includes 130,000 mobile phone subscribers and 34,000 internet customers, down 30,000 and 3,000, respectively, year-over-year.

The company reported its mobile phone churn rate — a metric measuring subscribers who cancelled their services — was 1.09 per cent in the third quarter, up from 1.03 per cent in the third quarter of 2023. That included a postpaid mobile phone churn rate of 0.90 per cent in its latest quarter.

Telus said its focus is on customer retention through its “industry-leading service and network quality, along with successful promotions and bundled offerings.”

“The customers we have are the most important customers we can get,” said chief financial officer Doug French in an interview.

“We’ve, again, just continued to focus on what matters most to our customers, from a product and customer service perspective, while not loading unprofitable customers.”

Meanwhile, Telus reported its net income attributable to common shares more than doubled during its third quarter.

The telecommunications company said it earned $280 million, up 105.9 per cent from the same three-month period in 2023. Earnings per diluted share for the quarter ended Sept. 30 was 19 cents compared with nine cents a year earlier.

It reported adjusted net income was $413 million, up 10.7 per cent year-over-year from $373 million in the same quarter last year. Operating revenue and other income for the quarter was $5.1 billion, up 1.8 per cent from the previous year.

Mobile phone average revenue per user was $58.85 in the third quarter, a decrease of $2.09 or 3.4 per cent from a year ago. Telus said the drop was attributable to customers signing up for base rate plans with lower prices, along with a decline in overage and roaming revenues.

It said customers are increasingly adopting unlimited data and Canada-U.S. plans which provide higher and more stable ARPU on a monthly basis.

“In a tough operating environment and relative to peers, we view Q3 results that were in line to slightly better than forecast as the best of the bunch,” said RBC analyst Drew McReynolds in a note.

Scotiabank analyst Maher Yaghi added that “the telecom industry in Canada remains very challenging for all players, however, Telus has been able to face these pressures” and still deliver growth.

The Big 3 telecom providers — which also include Rogers Communications Inc. and BCE Inc. — have frequently stressed that the market has grown more competitive in recent years, especially after the closing of Quebecor Inc.’s purchase of Freedom Mobile in April 2023.

Hailed as a fourth national carrier, Quebecor has invested in enhancements to Freedom’s network while offering more affordable plans as part of a set of commitments it was mandated by Ottawa to agree to.

The cost of telephone services in September was down eight per cent compared with a year earlier, according to Statistics Canada’s most recent inflation report last month.

“I think competition has been and continues to be, I’d say, quite intense in Canada, and we’ve obviously had to just manage our business the way we see fit,” said French.

Asked how long that environment could last, he said that’s out of Telus’ hands.

“What I can control, though, is how we go to market and how we lead with our products,” he said.

“I think the conditions within the market will have to adjust accordingly over time. We’ve continued to focus on digitization, continued to bring our cost structure down to compete, irrespective of the price and the current market conditions.”

Still, Canada’s telecom regulator continues to warn providers about customers facing more charges on their cellphone and internet bills.

On Tuesday, CRTC vice-president of consumer, analytics and strategy Scott Hutton called on providers to ensure they clearly inform their customers of charges such as early cancellation fees.

That followed statements from the regulator in recent weeks cautioning against rising international roaming fees and “surprise” price increases being found on their bills.

Hutton said the CRTC plans to launch public consultations in the coming weeks that will focus “on ensuring that information is clear and consistent, making it easier to compare offers and switch services or providers.”

“The CRTC is concerned with recent trends, which suggest that Canadians may not be benefiting from the full protections of our codes,” he said.

“We will continue to monitor developments and will take further action if our codes are not being followed.”

French said any initiative to boost transparency is a step in the right direction.

“I can’t say we are perfect across the board, but what I can say is we are absolutely taking it under consideration and trying to be the best at communicating with our customers,” he said.

“I think everyone looking in the mirror would say there’s room for improvement.”

This report by The Canadian Press was first published Nov. 8, 2024.

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TC Energy cuts cost estimate for Southeast Gateway pipeline project in Mexico

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CALGARY – TC Energy Corp. has lowered the estimated cost of its Southeast Gateway pipeline project in Mexico.

It says it now expects the project to cost between US$3.9 billion and US$4.1 billion compared with its original estimate of US$4.5 billion.

The change came as the company reported a third-quarter profit attributable to common shareholders of C$1.46 billion or $1.40 per share compared with a loss of C$197 million or 19 cents per share in the same quarter last year.

Revenue for the quarter ended Sept. 30 totalled C$4.08 billion, up from C$3.94 billion in the third quarter of 2023.

TC Energy says its comparable earnings for its latest quarter amounted to C$1.03 per share compared with C$1.00 per share a year earlier.

The average analyst estimate had been for a profit of 95 cents per share, according to LSEG Data & Analytics.

This report by The Canadian Press was first published Nov. 7, 2024.

Companies in this story: (TSX:TRP)

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BCE reports Q3 loss on asset impairment charge, cuts revenue guidance

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BCE Inc. reported a loss in its latest quarter as it recorded $2.11 billion in asset impairment charges, mainly related to Bell Media’s TV and radio properties.

The company says its net loss attributable to common shareholders amounted to $1.24 billion or $1.36 per share for the quarter ended Sept. 30 compared with a profit of $640 million or 70 cents per share a year earlier.

On an adjusted basis, BCE says it earned 75 cents per share in its latest quarter compared with an adjusted profit of 81 cents per share in the same quarter last year.

“Bell’s results for the third quarter demonstrate that we are disciplined in our pursuit of profitable growth in an intensely competitive environment,” BCE chief executive Mirko Bibic said in a statement.

“Our focus this quarter, and throughout 2024, has been to attract higher-margin subscribers and reduce costs to help offset short-term revenue impacts from sustained competitive pricing pressures, slow economic growth and a media advertising market that is in transition.”

Operating revenue for the quarter totalled $5.97 billion, down from $6.08 billion in its third quarter of 2023.

BCE also said it now expects its revenue for 2024 to fall about 1.5 per cent compared with earlier guidance for an increase of zero to four per cent.

The company says the change comes as it faces lower-than-anticipated wireless product revenue and sustained pressure on wireless prices.

BCE added 33,111 net postpaid mobile phone subscribers, down 76.8 per cent from the same period last year, which was the company’s second-best performance on the metric since 2010.

It says the drop was driven by higher customer churn — a measure of subscribers who cancelled their service — amid greater competitive activity and promotional offer intensity. BCE’s monthly churn rate for the category was 1.28 per cent, up from 1.1 per cent during its previous third quarter.

The company also saw 11.6 per cent fewer gross subscriber activations “due to more targeted promotional offers and mobile device discounting compared to last year.”

Bell’s wireless mobile phone average revenue per user was $58.26, down 3.4 per cent from $60.28 in the third quarter of the prior year.

This report by The Canadian Press was first published Nov. 7, 2024.

Companies in this story: (TSX:BCE)

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