Air Canada Pays Couple $2,000 Compensation for Flight Delay

MONTREAL- Air Canada (AC) has paid $2,000 in compensation to a B.C. couple after a prolonged legal battle over a flight delay from Vancouver International Airport (YVR) to Costa Rica (SJO) in January 2020.

After more than four years and a failed court attempt to overturn the Canadian Transportation Agency (CTA) ‘s compensation order, Air Canada withdrew its case and complied with the ruling.

Photo: Markus Eigenheer | Flickr

Air Canada Pays $2K Compensation

In January 2020, Andrew and Anna Dyczkowski, residents near Kelowna, B.C., experienced a 24-hour flight delay on an Air Canada (AC) flight from Vancouver International Airport (YVR) to Juan Santamaría International Airport (SJO) in Costa Rica.

The couple filed a compensation claim with Air Canada, which the airline denied. It cited bad weather as the cause, a factor outside its control under Canada’s Air Passenger Protection Regulations (APPR).

In February 2020, the couple escalated the issue to the Canadian Transportation Agency (CTA), which ruled in November 2023 that the delay was within Air Canada’s control, ordering the airline to pay $1,000 per passenger, totaling $2,000.

Rather than complying, Air Canada initiated a Federal Court case in late 2023 to overturn the CTA’s decision, naming the Dyczkowskis as respondents.

The airline argued that the CTA officer failed to properly evaluate evidence, asserting that the weather was the primary cause.

The couple, unprepared for a legal battle, hired lawyer Peter Choe, who took the case pro bono. Just three days before a scheduled court hearing in 2024, Air Canada abruptly dropped the case without explanation and paid the couple the mandated $2,000 on May 2, 2025.

Andrew Dyczkowski speculated the airline withdrew because it anticipated defeat, a view echoed by Choe, who suggested a mechanical issue, not weather, was the true cause, making Air Canada’s case weak.

Air Canada’s spokesperson, Peter Fitzpatrick, offered a different perspective, stating the airline sought “clarity” on how CTA officers assess evidence.

Over time, Fitzpatrick claimed, the airline gained sufficient understanding of the process, rendering the court case unnecessary.

Additionally, he noted that Air Canada felt sympathy for the couple, acknowledging the stress caused by involving passengers in legal disputes.

Despite this, the Dyczkowskis expressed frustration, questioning why they endured a protracted fight for compensation they were entitled to under federal law.

Photo: Clément Alloing

Flaws in the Complaints Process

The Dyczkowski case highlights major flaws in Canada’s air passenger complaint system. Under the Air Passenger Protection Regulations (APPR), airlines must compensate passengers for controllable delays or cancellations.

When disputes occur, the Canadian Transportation Agency (CTA) rules on them, but its decisions can be appealed in the Federal Court.

Since the CTA cannot be named in court, passengers must defend the rulings themselves, often without legal support.

In 2024, airlines challenged four CTA rulings, including two involving Air Canada. Though rare, these appeals concern consumer advocates, who argue passengers shouldn’t be forced into legal battles.

Expert John Gradek calls for reforms that would let airlines appeal directly to the CTA, removing passengers from litigation.

The CTA defends the current setup as standard procedure but acknowledges that any change would require new legislation—a process that could take years.

Photo:- Air Canada

Final Thoughts

Legal experts, passenger advocates, and travelers are calling on the federal government to overhaul the passenger rights framework.

They argue that it should protect consumers from complex legal entanglements when challenging airlines.

Despite criticism, the CTA defends its process as consistent with Canadian judicial principles. But for passengers like the Dyczkowskis, the experience exposed an imbalance in power and process.

“If I ever go to court again with an airline,” said Andrew, “I now know how to fight back.”

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