Originally Posted by
jeelele
My connecting flight, YYZ-PHL, which was the last leg of an international return route was cancelled due to unavailability of crew upon landing in YYZ. Am I still owed a compensation? Filed a claim within 30 days and it's been more 3 weeks since but haven't heard back from AC yet apart from the auto-acknowledgement email.
Appreciate inputs from some knowledgeable members on this board. Thanks.
Yes you are still owed compensation per Canada's Air Passenger Protection Right since crew scheduling is completely within the control of the airline. In addition, I would be curious where the flight originated from? If it is from the EU then EU261 rules would apply, even if the flight disruption happened in Toronto. The reason being is EU261 considers the entirety of the trip (not just the sector out of the EU). After all, AC did not sell you separate tickets from the EU to Toronto and then Toronto to Philadelphia. It was a contract from the EU to Philadelphia. That you must connect in Toronto is really a technicality.
Air Canada usually takes a month to respond, so expect a reply in the coming week (the Air Passenger Protection Rights also requires they provide a response within 30 days in filing, so them delaying much further means they are in breach of the law and could be hit with penalties). They can respond in a number of ways including simply paying you the cash compensation as required by APPR, in which case, case closed and you're all good. Alternatively they may try giving you an AC voucher to make you whole which is substantially less than what is owed (i.e. $500 when APPR calls for them to provide $1000 in compensation). How you go from there is crucial. One option is to try pursuing them via EU261 (provided your trip originated in Europe), since the rules there are iron clad (unlike in Canada). What's important to keep in mind is you can only claim for EU261 or APPR (but not both). Alternatively, if you aren't lucky enough to start your trip in Europe (including the UK), you could then either appeal the decision to the Canadian Transportation Agency, where you'll wait 18 months for them to adjudicate your case, or if you want a faster option serve them in small claims court for the money. This can be a cost effective way of getting what is owed, although you will spend some time filing paperwork and attending hearings.
Hopefully Aer Canada does the right thing here and provides cash compensation as is required by law, but that is not a guarantee, at least not until we start seeing Transport Canada start slapping the airlines for each and every time they screw passengers over by ignoring what they are obligated to provide per the APPR.
-RooFlyer88