Joel and Mia McCoff booked a ticket for return flight home to British Columbia with Air Canada on February 15, 2022 after spending a few days in California. However, a problem arose during boarding: the airline agents refused to let them board the plane due to the results of the wife's test.
The couple had to stay one more night in Los Angeles and spend their own money on a hotel room, food and drinks. However, the next day, the staff changed and allowed the couple to fly home to Vancouver.
It appears that the Canadian government has imposed various travel restrictions on vaccinated and unvaccinated travelers. They do need to present a recent COVID-19 test result prior to departure.
However, Air Canada regulations state that passengers do not need a pre-flight test if they have “confirmation of a positive molecular test result taken by at least 10 and not more than 180 days prior to entry”, that is, if they have been ill with coronavirus during this period of time.
Mia tested positive for COVID-19 on February 5th, so when she went to Los Angeles Airport on February 15th, she thought she was in line with Air Canada policy.
However, airport agents misinterpreted the rules and refused let the couple on the plane.
Joel and Mia initially tried to claim nearly $5,000 in “denied boarding” compensation; in accordance with Canadian air passenger protection rules, but the judge agreed with the airline that these rules are intended to only protect passengers in the event of an overbooking.
The judge, however, concluded that that Air Canada did err and order them to cover their hotel stay and other expenses during the extra night in Los Angeles.
Air Canada must pay the couple $595.93 in damages, $3.88 in interest and $175 to cover the cost of going to trial.