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Customers cry foul as Air Canada, WestJet continue to deny certain compensation claims despite new directive – CBC News

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A recent Canadian Transportation Agency (CTA) decision was supposed to help clear the air on flight compensation. 

When issuing a decision in a WestJet case on July 8, the transport regulator clarified that, in general, airlines can’t deny passengers compensation for flight disruptions caused by crew shortages. 

However, the clarification has only ignited fury for some passengers, including Frank Michel, who have since been denied compensation — due to crew shortages.

“It’s insulting,” said Michel, of Marquis, Sask.

He and his wife, Leigh, flew with Air Canada in June. The couple’s flight from Regina to Victoria was delayed by more than five hours. Then, the second leg of their return flight was cancelled, so the couple wound up spending the night at the Vancouver airport. 

“I’ve got arthritis, I’m aching and sore; I’m sleeping on a frigging concrete floor,” said Michel, who is 67.

After Air Canada cancelled his flight, Michel, 67, wound up spending the night on the floor of the Vancouver airport. (Frank Michel)

The couple applied for compensation, which would total $2,800 if they qualified. But in late July, Air Canada rejected the Michels’ claim. In two separate emails seen by CBC News, the airline said each flight disruption was “due to crew constraints” linked to COVID-19 and was “safety-related.” 

Under federal rules, airlines only have to pay compensation — up to $1,000 per passenger — if the flight disruption is within the airline’s control and not safety-related. 

Michel argues Air Canada isn’t playing by the rules.

“CTA has already made it clear that crew constraints is not an acceptable excuse,” he said. “It’s not a safety issue. It’s a management issue. You have to manage your resources.”

‘This decision doesn’t seem to mean anything’

The CTA issued its clarification last month based on a case where WestJet denied a customer compensation, claiming his flight had been cancelled for safety reasons due to a crew shortage. 

In its ruling, the CTA emphasized that staffing issues typically warrant compensation because, in general, they are an airline’s responsibility and can’t be categorized as a safety matter. Thus, the agency ordered WestJet to pay the passenger $1,000. 

“Training and staffing are within airline control and therefore crew shortages are within airline control, unless there’s compelling evidence” to the contrary, said CTA spokesperson Tom Oommen in an interview. “It’s a high threshold.”

WATCH | Air passengers say they’ve been unfairly denied compensation:

Travellers say they’re being unfairly denied compensation for Air Canada flight cancellations

3 days ago
Duration 2:01

Some travellers say they’re being denied compensation for cancelled Air Canada flights as the airline claims the flight disruptions were ‘due to crew constraints’ and beyond their control.

Oommen said the CTA’s decision will help ensure airlines follow the rules. But some passengers remain skeptical. 

“This decision doesn’t seem to mean anything,” said Jennifer Peach, of Langley, B.C., who, along with her husband, had booked a trip with WestJet to attend a wedding last month in St. John’s.

They almost didn’t make it. WestJet cancelled their connecting flight and Peach said the airline then offered to rebook them on a flight one day later — which would mean they’d miss the wedding. 

Fortunately, Peach found a Porter Airlines flight that would get the couple to St. John’s about five hours later than originally scheduled, but still in time for the wedding. WestJet told her to book the flight and file for compensation, she said.

Peach asked WestJet for the $773 total she paid for the Porter flight, plus compensation for the couple’s delayed trip. On Aug. 2, WestJet turned down both requests. 

In an email seen by CBC News, the airline stated that the flight cancellation “was due to crew member availability and was required for safety purposes.” 

That didn’t sit well with Peach, especially in light of the recent CTA decision.

“I don’t know what’s going on here,” she said. “I would assume that if there’s a decision like this made by the Canadian Transportation Agency that it would be the sort of the benchmark for all of these [claims].”

Enforcement options ‘could include fines’: CTA

WestJet and Air Canada each declined to comment on individual cases, but both said they abide by federal air passenger regulations. WestJet said that safety is its top priority. Air Canada said airlines shouldn’t be penalized for cancelling flights for safety reasons. 

Air passenger rights expert Ian Jack said the CTA needs to threaten airlines with harsh penalties, such as public shaming and stiff fines, if they fail to comply with compensation regulations. 

“The major concern is that the regulator is not exactly striking fear into the hearts of the carriers to make them follow the rules,” said Jack, a spokesperson with the Canadian Automobile Association (CAA), a non-profit travel agency. 

“They need to know that they might get caught, embarrassed and called to task by the regulator.” 

This graphic shows the compensation air travellers could be entitled to depending on the length of their flight delay. (CBC)

CTA’s Oommen suggested that tough penalties may be coming for non-compliant airlines. “We are indeed looking at all the enforcement options … which could include fines.”

Meanwhile, both Michel and Peach have filed complaints with the CTA. However, they may be in for a long wait. The agency is currently dealing with a backlog of more than 15,000 complaints, Oommen said.

He said the CTA recently made changes to streamline the complaints process and is trying to hire more staff.

But Jack said he’s concerned the backlog may encourage airlines to flout the rules, because any repercussions will be far down the road. 

“They don’t have to pay out today, and who knows, maybe in 2025, they might have to pay money.”

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Bad traffic, changed plans: Toronto braces for uncertainty of its Taylor Swift Era

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TORONTO – Will Taylor Swift bring chaos or do we all need to calm down?

It’s a question many Torontonians are asking this week as the city braces for the arrival of Swifties, the massive fan base of one of the world’s biggest pop stars.

Hundreds of thousands are expected to descend on the downtown core for the singer’s six concerts which kick off Thursday at the Rogers Centre and run until Nov. 23.

And while their arrival will be a boon to tourism dollars — the city estimates more than $282 million in economic impact — some worry it could worsen Toronto’s gridlock by clogging streets that already come to a standstill during rush hour.

Swift’s shows are set to collide with sports events at the nearby Scotiabank Arena, including a Raptors game on Friday and a Leafs game on Saturday.

Some residents and local businesses have already adjusted their plans to avoid the area and its planned road closures.

Aahil Dayani says he and some friends intended to throw a birthday bash for one of their pals until they realized it would overlap with the concerts.

“Something as simple as getting together and having dinner is now thrown out the window,” he said.

Dayani says the group rescheduled the gathering for after Swift leaves town. In the meantime, he plans to hunker down at his Toronto residence.

“Her coming into town has kind of changed up my social life,” he added.

“We’re pretty much just not doing anything.”

Max Sinclair, chief executive and founder of A.I. technology firm Ecomtent, suggested his employees avoid the company’s downtown offices on concert days, saying he doesn’t see the point in forcing people to endure potential traffic jams.

“It’s going to be less productive for us, and it’s going to be just a pain for everyone, so it’s easier to avoid it,” Sinclair said.

“We’re a hybrid company, so we can be flexible. It just makes sense.”

Swift’s concerts are the latest pop culture moment to draw attention to Toronto’s notoriously disastrous daily commute.

In June, One Direction singer Niall Horan uploaded a social media video of himself walking through traffic to reach the venue for his concert.

“Traffic’s too bad in Toronto, so we’re walking to the venue,” he wrote in the post.

Toronto Transit Commission spokesperson Stuart Green says the public agency has been working for more than a year on plans to ease the pressure of so many Swifties in one confined area.

“We are preparing for something that would be akin to maybe the Beatles coming in the ‘60s,” he said.

Dozens of buses and streetcars have been added to transit routes around the stadium, and the TTC has consulted the city on potential emergency scenarios.

Green will be part of a command centre operated by the City of Toronto and staffed by Toronto police leaders, emergency services and others who have handled massive gatherings including the Raptors’ NBA championship parade in 2019.

“There may be some who will say we’re over-preparing, and that’s fair,” Green said.

“But we know based on what’s happened in other places, better to be over-prepared than under-prepared.”

Metrolinx, the agency for Ontario’s GO Transit system, has also added extra trips and extended hours in some regions to accommodate fans looking to travel home.

A day before Swift’s first performance, the city began clearing out tents belonging to homeless people near the venue. The city said two people were offered space in a shelter.

“As the area around Rogers Centre is expected to receive a high volume of foot traffic in the coming days, this area has been prioritized for outreach work to ensure the safety of individuals in encampments, other residents, businesses and visitors — as is standard for large-scale events,” city spokesperson Russell Baker said in a statement.

Homeless advocate Diana Chan McNally questioned whether money and optics were behind the measure.

“People (in the area) are already in close proximity to concerts, sports games, and other events that generate massive amounts of traffic — that’s nothing new,” she said in a statement.

“If people were offered and willingly accepted a shelter space, free of coercion, I support that fully — that’s how it should happen.”

This report by The Canadian Press was first published Nov. 13, 2024.



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‘It’s literally incredible’: Swifties line up for merch ahead of Toronto concerts

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TORONTO – Hundreds of Taylor Swift fans lined up outside the gates of Toronto’s Rogers Centre Wednesday, with hopes of snagging some of the pop star’s merchandise on the eve of the first of her six sold-out shows in the city.

Swift is slated to perform at the venue from Thursday to Saturday, and the following week from Nov. 21 to Nov. 23, with concert merchandise available for sale on some non-show days.

Swifties were all smiles as they left the merch shop, their arms full of sweaters and posters bearing pictures of the star and her Eras Tour logo.

Among them was Zoe Haronitis, 22, who said she waited in line for about two hours to get $300 worth of merchandise, including some apparel for her friends.

Haronitis endured the autumn cold and the hefty price tag even though she hasn’t secured a concert ticket. She said she’s hunting down a resale ticket and plans to spend up to $600.

“I haven’t really budgeted anything,” Haronitis said. “I don’t care how much money I spent. That was kind of my mindset.”

The megastar’s merchandise costs up to $115 for a sweater, and $30 for tote bags and other accessories.

Rachel Renwick, 28, also waited a couple of hours in line for merchandise, but only spent about $70 after learning that a coveted blue sweater and a crewneck had been snatched up by other eager fans before she got to the shop. She had been prepared to spend much more, she said.

“The two prized items sold out. I think a lot more damage would have been done,” Renwick said, adding she’s still determined to buy a sweater at a later date.

Renwick estimated she’s spent about $500 in total on “all-things Eras Tour,” including her concert outfit and merchandise.

The long queue for Swift merch is just a snapshot of what the city will see in the coming days. It’s estimated that up to 500,000 visitors from outside Toronto will be in town during the concert period.

Tens of thousands more are also expected to attend Taylgate’24, an unofficial Swiftie fan event scheduled to be held at the nearby Metro Toronto Convention Centre.

Meanwhile, Destination Toronto has said it anticipates the economic impact of the Eras Tour could grow to $282 million as the money continues to circulate.

But for fans like Haronitis, the experience in Toronto comes down to the Swiftie community. Knowing that Swift is going to be in the city for six shows and seeing hundreds gather just for merchandise is “awesome,” she said.

Even though Haronitis hasn’t officially bought her ticket yet, she said she’s excited to see the megastar.

“It’s literally incredible.”

This report by The Canadian Press was first published Nov. 13, 2024.

The Canadian Press. All rights reserved.



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Via Rail seeks judicial review on CN’s speed restrictions

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OTTAWA – Via Rail is asking for a judicial review on the reasons why Canadian National Railway Co. has imposed speed restrictions on its new passenger trains.

The Crown corporation says it is seeking the review from the Federal Court after many attempts at dialogue with the company did not yield valid reasoning for the change.

It says the restrictions imposed last month are causing daily delays on Via Rail’s Québec City-Windsor corridor, affecting thousands of passengers and damaging Via Rail’s reputation with travellers.

CN says in a statement that it imposed the restrictions at rail crossings given the industry’s experience and known risks associated with similar trains.

The company says Via has asked the courts to weigh in even though Via has agreed to buy the equipment needed to permanently fix the issues.

Via said in October that no incidents at level crossings have been reported in the two years since it put 16 Siemens Venture trains into operation.

This report by The Canadian Press was first published Nov. 13, 2024.

Companies in this story: (TSX:CN)

The Canadian Press. All rights reserved.



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