Sunwing passengers still awaiting compensation more than a year after vacation flight disruptions

The trip to the Dominican Republic with her late husband's ashes was meant to be a memorial of their sunny winter vacations. Instead, it soon turned into an ordeal for Michelle Johnston when Sunwing disrupted her travel in December 2022.

"What started out as a vacation to relax me and bring good memories turned into an absolute nightmare," the Saskatoon resident said.

Johnston was among hundreds of Canadians stranded overseas when Sunwing cancelled 67 flights between Dec. 15 and 31 in 2022. More than a year later, she and more than two dozen passengers across Canada whom CBC spoke with are still waiting compensation for out-of-pocket expenses.

Michelle Johnston took her late husband's ashes in an urn to the Dominican Republic, where she drew a heart on a beach in memory of the joy they felt at the sun destinations they often visited during the winter. (Submitted by Michelle Jhonston)

Johnston had planned a stay in the Caribbean with her two daughters from Dec. 14 to 21, 2022, but the cancellations left them stuck there for eight more days.

That extension meant $6,000 in expenses for Johnston, who has only received $500 from Sunwing, a base compensation most people have received, and $22 more for an Uber ride.

"We had no clean clothes. I have several health conditions. I had no medication. Everything bad that happened took away everything good from the first seven days," she said.

"We had three adult ladies sleeping in one bed — no extra blankets, no extra pillows.

"We had no communication from Sunwing," she recalled. "Every day we didn't know if we were leaving or not. We'd have to get up, check out of the hotel room, go down, sit in the lobby for hours with the suitcases and then only to be told 'no' by dinner time. … one night, they didn't even have room."

All the money Johnston said she had saved for a headstone for her husband's grave is now gone.

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Medications for conditions including high blood pressure and a heart problem that would have been free in Canada cost nearly $4,000 in the Dominican Republic. Her first prescription on Dec. 21 came to $1,210.

Since most of those medical receipts were handwritten, she worries Sunwing is dismissing them.

The other $2,000 covered miscellaneous expenses, "from arranging someone to look after my dog for that extra 10 days, which was almost $500, to food and other expenses."

Michelle Johnston spent $4,000 on medications while stranded in the Dominican Republic, and another $2,000 for miscellaneous expenses, including approximately $500 to arrange for pet care for her dog. (Pratyush Dayal/CBC)

She said "the absolute worst" was when they landed in Winnipeg on Dec. 30, where they faced  -30 C temperatures dressed in tropical clothing.

The airline declined to be interviewed, but in an email statement, Sunwing said they believe all claims have been covered for "reasonable out-of-pocket expenses" with receipts included.

"Their version of reasonable and my version of reasonable are completely different," Johnston said. "I don't think doing laundry is unreasonable. I don't think it's reasonable to expect people to wear the same clothes for two weeks.

"An apology would even go a heck of a long way … we felt completely abandoned."

More than 1,250 individual complaints against Sunwing

In an email statement, the Canadian Transportation Agency said it has received more than 1,250 individual complaints from Sunwing passengers due to flight disruptions over the holiday period in December 2022.

Last year, Sunwing ranked No. 2 among airlines receiving the most complaints. CTA said administrative monetary penalties were issued to Sunwing for those disruptions.

Now, such complaints will be managed by the CTA's new complaints resolution office, which provides a process of simplified steps and clear legislated timelines.

A spokesperson for Transport Canada said Bill C-52,  designed to improve accountability for Canadians, has been tabled in the House of Commons.

"Canadians work hard and save up to travel. They expect to leave on time, and they expect good service standards," the federal department said. "Bill C-52 will mean better accountability, transparency, and co-operation between partners across the aviation sector."

While changes are coming to that accountability process, some travellers have resolved to never fly with Sunwing again.

Rationing baby formula

They include Rob McClinton, who arrived in Punta Cana, Dominican Republic, on Dec. 14 with plans to be back home before Christmas. He and his family were stranded there with more than 130 people from Saskatoon.

The 34-year-old father of two said he had to ration baby formula and search for diapers during the delay of more than a week. As bad as that was, he said, some people had it worse: "We had passengers that travelled with us who lost their jobs due to this."

The McClintons: Rob, holding his son, Samuel, and wife Courtney, holding their daughter, Rose. They had to ration Rose's baby formula during their delay in Punta Cana, Dominican Republic, in December 2022. (Submitted by Rob McClinton)

He says he received $500 from Sunwing when his total expenses in the Dominican Republic exceeded $1,000.

"But we had a lot of other out-of-pocket expenses," he said. "Our dogs had to stay in the kennel for an extra week. We had to rent a car and drive [to Saskatoon from Winnipeg]. We inquired with Sunwing and just never heard back," he said.

"Sunwing has so far taken the tactic of just ignoring and delaying any responsibility or help for the people they stranded a year ago."

Mohammad Jazayeri and Setareh Sajadi of North Vancouver were stuck for six extra days in Puerto Vallarta after Sunwing cancelled their return flight. (Submitted by Mohammad Jazayeri)

Vancouver resident Mohammad Jazayeri, 36, had a similar experience.

He travelled to Puerto Vallarta, Mexico with a return date of Dec. 21, 2022. He and his wife spent a week in the lobby of the resort waiting for their return flight.

"My wife and I both ran out of our medications," he said. "We ran out of our clean clothes and ended up washing them in the hotel sinks."

They ended up paying $1,800 to another airline for tickets home.

"For reimbursement of our replacement flight ticket for return flight, we were not compensated at all," he said. "They said $500 is the only offer on the table for all passengers."

Hundreds without compensation

Many people CBC spoke with said countless emails and calls to Sunwing were fruitless.

"I know 287 people who were with us in the resort and nobody got compensated more than $500," Jazayeri said.

Kogul Ravikulan, who lives in the Toronto area, says he's is in a social media group with about 335 people who say they have been stiffed by Sunwing.

"People still ask, 'Did anyone get a refund back?" he said. "I'm still waiting … but it sounds like a lot of people have given up, unfortunately. People have been relentlessly pursuing. It's quite the turmoil."

From left: Ackchajan Kanagalingam, Darsh Patel, Shrill Patel and Kogul Ravikulan wearing clothes they had to buy in Cuba when their luggage got left at Toronto Pearson International Airport. (Submitted by Kogul Ravikulan)

Ravikulan spent Christmas in 2022 sleeping at the Toronto Pearson International Airport along with many others when their flight to Cuba was disrupted. They finally arrived on Boxing Day, but their luggage didn't.

"We spent the entire vacation there without luggage," Ravikulan said. "We purchased everything from toothbrushes to clothes.

"Based on our experiences of December 2022, I'm just not even willing to fly. I hope people get some sort of retribution for what they've lost."

Huge backlog of claims

John Gradek, a faculty lecturer at McGill University's aviation management program, said the backlog at CTA is adding to the delays in handling claims.

Last October, the backlog sat at more than 61,000 cases, and passengers were told to wait more than 18 months for a resolution. CTA said that figure has climbed above 63,000.

"If you put a claim in last year, you won't get heard for another year," Gradek said. "So you're out of luck in terms of getting the CTA to hear your appeal of an airline's decision not to pay,"

The other option, he said, is going to a small claims court where a judge can determine whether the compensation is due for any out-of-pocket costs incurred as an aftermath.

"That process is much quicker but it may cost a few dollars to register the claim … but in most cases, the judges will agree that the passenger has in fact been mishandled."

John Gradek, an aviation expert with McGill University, says the backlog of complaints fielded by the Canadian Transportation Agency is enormous. An alternative is to take compensation disputes to small claims court. (Jacques Poitras/CBC)

If a judge decides the claim is valid, Gradek said, the airline has 30 days to pay up.

When presenting the case to the judge, Gradek advises bringing all emails correspondence with the airline, the receipts for expenses and necessary documentation. He said some airlines such as WestJet, which acquired Sunwing last year, have been known to offer settlements outside of the court.

He said airlines are supposed to compensate for incidental expenses including medications and taxi fares.

"The first level of defence is the carrier will stipulate reasonableness and refuse some of these expenses," he said.

He said a new version of the Air Passenger Protection Regulations coming out this year aims at removing loopholes airlines have historically used to refuse compensation.

"Until then, the only thing is patience," he said. "Lots of patience."