WestJet's flight credits don't follow same rules as gift cards, B.C. court rules
Flight credits distributed by WestJet don't have the same flexibility as gift cards and can have expiration dates, according to a recent ruling from B.C.'s Court of Appeal.
The decision, posted Wednesday, determined "travel bank credits" don't have to follow the same regulations as "prepaid purchase cards" or "gift cards." The ruling explained the flight credits are typically issued for cancelled flights, lost luggage and general customer dissatisfaction.
In WestJet's case, the credits expire after a year, but can sometimes be extended for a $20 fee.
The court heard Tiana Sharifi got nearly $1,000 in credit after she bought a ticket for a flight, then voluntarily cancelled it. Sharifi used about $570 of the credit, but the remaining $420 expired after a year.
Sharifi argued that the credits count as a gift card and that consumer protection legislation prohibits WestJet from setting an expiration date. She applied to have the matter certified as a class action, which it was in October 2020.
WestJet then appealed the certification, arguing the credits aren't considered gift cards because they are issued as a refund, to compensate for an inconvenience or used as a promotional tool. When they're issued for a refund, WestJet argued, they function as "store credit," which isn't covered by prepaid purchase card laws.
"In my view, the issue is not whether Ms. Sharifi prepaid her ticket to travel with WestJet: she clearly did. Rather, the question is whether, in consideration for her 'non refundable ticket,' she prepaid a fixed amount for (travel credits), which she had the right to use in the future. In my view, she clearly did not," Justice Patrice Abrioux wrote in his decision.
"Ms. Sharifi purchased a prepaid flight. She did not purchase a prepaid purchase card, gift card, gift certificate or otherwise."
As a result, Abrioux said Sharifi's flight credits "do not fall within the definitions contained in the relevant consumer protection legislation" and WestJet's appeal was permitted, dismissing Sharifi's case.
CTVNews.ca Top Stories
Widow looking for answers after Quebec man dies in Texas Ironman competition
The widow of a Quebec man who died competing in an Ironman competition is looking for answers.
Tom Mulcair: Park littered with trash after 'pilot project' is perfect symbol of Trudeau governance
Former NDP leader Tom Mulcair says that what's happening now in a trash-littered federal park in Quebec is a perfect metaphor for how the Trudeau government runs things.
World seeing near breakdown of international law amid wars in Gaza and Ukraine, Amnesty says
The world is seeing a near breakdown of international law amid flagrant rule-breaking in Gaza and Ukraine, multiplying armed conflicts, the rise of authoritarianism and huge rights violations in Sudan, Ethiopia and Myanmar, Amnesty International warned Wednesday as it published its annual report.
Photographer alleges he was forced to watch Megan Thee Stallion have sex and was unfairly fired
A photographer who worked for Megan Thee Stallion said in a lawsuit filed Tuesday that he was forced to watch her have sex, was unfairly fired soon after and was abused as her employee.
Amid concerns over 'collateral damage' Trudeau, Freeland defend capital gains tax change
Facing pushback from physicians and businesspeople over the coming increase to the capital gains inclusion rate, Prime Minister Justin Trudeau and his deputy Chrystia Freeland are standing by their plan to target Canada's highest earners.
U.S. Senate passes bill forcing TikTok's parent company to sell or face ban, sends to Biden for signature
The Senate passed legislation Tuesday that would force TikTok's China-based parent company to sell the social media platform under the threat of a ban, a contentious move by U.S. lawmakers that's expected to face legal challenges.
Wildfire southwest of Peace River spurs evacuation order
People living near a wildfire burning about 15 kilometres southwest of Peace River are being told to evacuate their homes.
U.S. Senate overwhelmingly passes aid for Ukraine, Israel and Taiwan with big bipartisan vote
The U.S. Senate has passed US$95 billion in war aid to Ukraine, Israel and Taiwan, sending the legislation to President Joe Biden after months of delays and contentious debate over how involved the United States should be in foreign wars.
'My stomach dropped': Winnipeg man speaks out after being criminally harassed following single online date
A Winnipeg man said a single date gone wrong led to years of criminal harassment, false arrests, stress and depression.