Andrew Douglas found himself in a legal battle with WestJet over compensation, leading to a significant court decision with potential implications for air travelers. The 72-year-old Ottawa resident highlighted the prolonged nature of his dispute, which commenced over three years ago. The judge’s recent ruling criticized WestJet for demanding a non-disclosure agreement (NDA) in exchange for rightful compensation owed to Douglas following an incident where he was denied boarding for a flight to Cuba.
The judge’s verdict underscored the airline’s practice of using NDAs in settlement offers, a tactic increasingly observed in the aviation sector. Gábor Lukács, founder of Air Passenger Rights, commended the decision as a pivotal moment, signaling a warning to airlines against stifling passengers’ voices.
Douglas’s ordeal originated at the Ottawa airport in January 2022, when he was prevented from boarding a flight to Cuba due to an erroneous Covid test requirement communicated by a WestJet agent. Despite presenting evidence to the contrary, he was denied a refund and offered a credit for future travel instead. Subsequently, Douglas resorted to legal action after the airline failed to respond to his refund request.
Throughout the legal proceedings, WestJet repeatedly proposed settlements contingent on Douglas signing an NDA, a condition he refused multiple times. The judge’s ruling demanded WestJet to reimburse Douglas for incurred expenses and criticized the airline’s insistence on confidentiality clauses.
Moreover, Douglas aims to advocate for enhanced passenger protections by urging amendments to air travel regulations concerning “denied boarding.” Aligning with European standards, he seeks fair compensation for passengers unjustly denied transport, similar to cases of overbooking. Lukács plans to use Douglas’s case as a benchmark to challenge airline practices and promote transparency in the industry.
The court decision serves as a strong message to airlines to prioritize fair resolutions and avoid protracted legal battles that strain resources. Douglas, while gratified by the outcome, emphasizes the importance of seeking justice when mistreated by airlines rather than solely pursuing financial restitution.