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Transport committee  I agree that a refund is required. However, when things become automatic, it's important to ensure that the measure is followed. At the moment, the only automatic refund provided for under the regulations is for overbooking. The compensation has to be paid automatically within the following 48 hours.

November 21st, 2022Committee meeting

Jacob Charbonneau

Transport committee  I'm not in the best position to comment on that. From the consumer standpoint, I think everyone who buys a ticket expects to be able to get on the plane. However, there is also the commercial side, with 5% to 10% of registered passengers failing to show up at the airport. That's why overbooking exists and that's why it's allowed by the government.

November 21st, 2022Committee meeting

Jacob Charbonneau

Transport committee  Whether or not it is an independent tribunal, people making the decisions need to have the power to make these executory. The procedure needs to be simplified. I mentioned that Denmark had introduced a simplified and much faster procedure. Grouping similar cases together, whether in terms of circumstances or for a specific flight, would also speed up the processing of hundreds of cases at once.

November 21st, 2022Committee meeting

Jacob Charbonneau

Transport committee  On the first question, I think it needs to be more than friendly. It has to be fast, and it needs to have teeth. The first level should be able to ask for proof. They should be able to understand the proof and make a decision that will be executory. What's more, I believe that the Canadian Transportation Agency should be more proactive and not wait until there are complaints to intervene.

November 21st, 2022Committee meeting

Jacob Charbonneau

Transport committee  Yes. Much of that is attributable to the role played in parallel with the organizations. I spoke earlier about a company that was find $7 million by the United States Transportation Department for simply having taken too long to pay compensation. The department played a proactive role in that case.

November 21st, 2022Committee meeting

Jacob Charbonneau

Transport committee  I don't recall ever having seen the agency use this provision. On the other hand, there are three stages at the agency. The first two are facilitation and mediation. Most people are directed to the first stage. Neither of these first two stages leads to an official, executory, decision that could be applied to all the passengers.

November 21st, 2022Committee meeting

Jacob Charbonneau

Transport committee  Actually, it's a combination of both situations. For the most part, people don't go further because of their lack of knowledge of their rights and the carrier's obligations. Also, from the outset, either a lot of misinformation occurs or no information is provided. I am telling you about an experience I had a few weeks ago.

November 21st, 2022Committee meeting

Jacob Charbonneau

Transport committee  It can also happen that the same situation applies to several flights. I'm thinking here of a lack of crew or a crew working too many hours, both of which have caused delays or cancellations that carriers have categorized as necessary for safety reasons. Two judgments were issued, the first against Air Canada, the second against WestJet.

November 21st, 2022Committee meeting

Jacob Charbonneau

Transport committee  Certainly the burden of proof must rest with the air carriers. On the other hand, they can come out with all sorts of evidence, as I have already said. Now, the consumer is not an expert and does not know the rights and obligations of the carriers, so he or she will not know what to do with them if left to their own devices.

November 21st, 2022Committee meeting

Jacob Charbonneau

Transport committee  Thank you for the question. It is better to have a framework than not to have one. On the other hand, it's a bit like setting speed limits on the motorway, but there's no one there to enforce it. That leaves it open for people to drive at whatever speed they want. That's kind of what we're seeing in this case.

November 21st, 2022Committee meeting

Jacob Charbonneau

Transport committee  Good afternoon. I thank the committee for inviting me to appear. I am the co‑founder and CEO of Late Flight Claim Canada Inc., a law firm dedicated to helping consumers obtain compensation following a problem with their airline. I have been asked to speak today about improvements to the air passenger protection regulations.

November 21st, 2022Committee meeting

Jacob Charbonneau

Transport committee  Indeed, in Canada, the political system and the Canadian Transportation Agency appear to favour carriers at the expense of consumers. And, it's taken a long time to address the issue, whereas in other countries it was done at the beginning of the crisis. There is also a difference in the way the Air Passenger Protection Regulations are interpreted.

December 8th, 2020Committee meeting

Jacob Charbonneau

Transport committee  Obviously, this can become problematic, because you are giving the keys to the kingdom to a single company, in this case a company that often sets itself apart, but not for the right reasons: it is the subject of several complaints, both in terms of language and services offered.

December 8th, 2020Committee meeting

Jacob Charbonneau

Transport committee  Yes, of course. WestJet did announce that it would voluntarily refund the airline tickets, but within six to nine months. That's a very long time. So the refunds haven't started yet. On the Air Canada side, to my knowledge, the tickets that are refunded include those for European flights.

December 8th, 2020Committee meeting

Jacob Charbonneau

Transport committee  Thank you, Mr. Chair. I first want to thank the committee for inviting me to make a presentation. Late Flight Claim is a business that helps airline passengers obtain—simply, quickly and without risk—financial compensation or a refund after a flight has been cancelled or is late.

December 8th, 2020Committee meeting

Jacob Charbonneau