B.C. man who was denied boarding by Flair Airlines wins compensation

Travelers line up at a Flair Airlines counter at the Region of Waterloo International Airport on March 30, 2022. (Dan Lauckner/CTV News)

Flair Airlines has been ordered to pay a B.C. man $2,400 after he was denied boarding on an overbooked flight, according to a decision from the province's Civil Resolution Tribunal.

Muhammad Adil Younus sought compensation under the Air Passenger Protection Regulation after he was told he could not board the flight he had booked in July of last year, according to the decision posted online Friday.

The APPR says that travellers can not be turned away because there are "less seats available than there are passengers who are booked and ready to travel in those seats," tribunal vice-chair Shelley Lopez noted.

Flair, for its part, denied that the flight in question was overbooked and said Younus was unable to board due to a "glitch" with his booking, according to the tribunal. The flight in question was delayed, its original departure scheduled before Younos booked the last-minute flight.

The airline argued that Younos should not have been able to book the flight at all and that the booking itself was allowed in error.

However, Lopez said this claim did not adequately explain why Younos was turned away when he tried to board at the airport.

"Whether there was a glitch or not, ultimately I find it likely that Flair did not seat Mr. Younus on the plane because the plane was already full of passengers. There is no exemption in the APPR for overbooking due to glitches," Lopez wrote.

Further, the tribunal said that the airline did not submit any evidence to show that the flight had not been overbooked. It also did not provide evidence that it asked any other passengers on the flight if they were willing to give up their seats, something required under the APPR before anyone can be denied boarding.

The APPR sets out how much one must be compensated for denied boarding, based on the length of the ensuing delay. Because Younus was held up for "nine or more hours" the tribunal noted he was entitled to $2,400. For delays between six and nine hours, the amount is $1,800 and for delays less than six hours, it is $900, according to the regulations.

Younos also sought to be reimbursed for a hotel and transportation which is something the APPR says an airline is required to provide in the event of an overnight delay. In this case, the criteria was not met because Younos' flight departed on the same day as it was scheduled to.