FlyerTalk Forums - View Single Post - Claiming compensation from AC under APPR (Air Passenger Protection Regulations)
Old Aug 9, 2022, 9:10 pm
  #207  
yulred
 
Join Date: Aug 2010
Posts: 3,130
Originally Posted by kangarooflyer88
I will pursue CTA if my claim doesn't get answered in a timely fashion (i.e. 60 days) and/or gets rejected. I am thinking (although I could be wrong) that this delay is good news since AC is struggling to find a way to excuse themselves out of a crew scheduling issue. I also think that this travel season will be the one that forces Transport Canada to force the airlines to follow the APPR once they realize that AC doesn't care about following the law. This exact same thing played out in Europe when EU 261 was introduced with airlines claiming crew scheduling was a safety issue and thus exempt from compensation.

What I would encourage everyone to do is to fight your APPR claims to the end, including filing appeals to the CTA. If the CTA sees a deluge of APPR related claims and must adjudicated them, maybe they'll realize they need to take enforcement action against the airlines that don't play by the rules.

-RooFlyer88
I wish you all the best, but I think you’re going to be very disappointed if you think the CTA is going to change tack and follow the EU approach.

The EU APPRs don’t give much leeway to airlines, and aren’t constrained by concerns about airline profitability.

The CTA’s approach, on the other hand, is best summarized by this quote from an MP speaking on behalf of the government:

“Bill C-49 seeks a balanced approach as it relates to air passenger rights, one that would ensure the passenger would be treated fairly, but also one that would allow the air carrier to operate its business in a manner such that it could remain competitive and profitable.”

https://www.ourcommons.ca/DocumentVi...ng-225/hansard (see 1320)

In short, don’t expect them to lift a finger for you or other consumers if airlines say that it will affect their profitability. The CTA is ultimately just a small Agency in a smaller town; expecting it to have a worldview or perspective similar to that of the seasoned travellers employed at EU Agencies is unreasonable.
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