Passenger sues Swoop Airlines for delay that cost him two days

A Swoop Airlines flight delay caused a passenger major distress, forcing them to sue the flight operator in a BC Civil Resolution Tribunal hearing.

Jia Rong Qi was scheduled to fly out from Abbotsford, BC, to Toronto on October 8, 2022, when his flight was delayed by over nine hours.

Swoop ended up cancelling the flight, and Qi didn’t fly out until two days later on a rebooked trip.

Qi claimed Swoop owed him $1,000 under the Air Passenger Protection Regulations (APPR).

Qi was supposed to fly out of Abbotsford at 3:35 p.m. on October 8 but was informed at midnight the night before that the flight was cancelled due to crew-related issues.

Swoop offered alternatives, but they would've all resulted in at least a nine-hour delay. Qi preferred a direct route, so he was scheduled on a flight two days later on October 10 but alleged that the delay was within Swoop's control.

Initially, Swoop had denied Qi's claim but later agreed that he was entitled to compensation. However, Swoop claimed it was a small carrier, meaning it only owed $500, not $1,000.

According to the APPR, a large carrier must pay $1,000 for a delay over nine hours, while a small carrier must pay $500. The main issue the tribunal was trying to resolve was whether Swoop was a large or small carrier.

Qi argued that because WestJet owns Swoop, it should be considered a large carrier, while Swoop said it’s a separate entity and should be viewed as a small carrier.

The tribunal agreed with Swoop, stating, "The size of carrier is based solely on passenger numbers, an objective threshold."

Ultimately, Swoop was ordered to pay Qi $500 for the delay plus over $141 in tribunal-related fees.