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Ontario Court Strikes Down Air Travel Complaint Confidentiality Clause
Photo: The Globe and Mail
2026-07-09 20:10   Justice   10

Ontario Court Strikes Down Air Travel Complaint Confidentiality Clause

An Ontario Superior Court judge has ruled that regulations preventing travellers from sharing outcomes of passenger complaints with Canada’s transport regulator violate Canadians’ Charter rights to freedom of expression.

The 2023-complaint-resolution process had enforced confidentiality unless both parties agreed to waive it, but Justice Charles Hackland found no evidence the clause was necessary for efficiency or privacy protection.

Airlines like Air Canada and WestJet opposed the challenge, arguing confidential submissions contain sensitive information that could harm commercial interests and privacy.Advocacy group Air Passenger Rights accused airlines of using the clause as a "gag order" to suppress public discourse.The ruling allows travellers to disclose complaint results, potentially increasing transparency in airline practices.

This decision underscores legal tensions between corporate confidentiality and individual rights, with implications for consumer advocacy and regulatory oversight in transportation sectors.

Full reading at The Globe and Mail

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