Airlines can be required to provide compensation for international disruptions: Supreme Court

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The Supreme Court confirms that airlines can be required to compensate passengers for certain international flight disruptions ruling that Canada’s passenger protection regulations do not violate international law. 

Unanimous ruling dismisses appeal from airlines that said passenger protections violate international law

An arrivals /departures board at Edmonton International Airport on Friday 12 Jan 2024 shows many late flights listed.
In a unanimous ruling, all nine justices of Canada’s Supreme Court dismissed an appeal filed by two airline associations and a group of air carriers that serve Canada and other international airports arguing that Canada’s passenger protection regulations violate international law.  (Sam Samson/CBC)

The Supreme Court confirms that airlines can be required to compensate passengers for certain international flight disruptions ruling that Canada’s passenger protection regulations do not violate international law.

In a unanimous ruling, all nine justices dismissed an appeal filed by two airline associations and a group of air carriers that serve Canada and other international airports. 

The airlines had argued that Canada’s Air Passenger Protection Regulations brought in in 2019 violated the Montréal Convention, an international treaty that came into force in Canada in 2001. 

The Air Passenger Protection Regulations impose obligations on airlines in cases of flight delays, cancellations, boarding denial and lost or damaged luggage.

Those obligations require airlines explain the reasons for delays and cancellations and provide certain free services — such as food, drink and access to washrooms — if a flight is delayed on the tarmac if the disruption is within a carrier’s control and was not required for safety purposes.

The regulations also lay out compensation for baggage that is permanently lost or damaged. 

More to come.

ABOUT THE AUTHOR

Peter Zimonjic is a senior writer for CBC News. He has worked as a reporter and columnist in London, England, for the Telegraph, Times and Daily Mail, and in Canada for the Ottawa Citizen, Torstar and Sun Media. He is the author of Into The Darkness: An Account of 7/7, published by Random House.

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