Moffatt v. Air Canada, 2024 BCCRT 149


Read full decision. Summary prepared by Alan Macek:

Air Canada says Mr. Moffatt did not follow the proper procedure to request bereavement fares and cannot claim them retroactively. Air Canada says it cannot be held liable for the information provided by the chatbot. ... Air Canada argues it cannot be held liable for information provided by one of its agents, servants, or representatives – including a chatbot. ... In effect, Air Canada suggests the chatbot is a separate legal entity that is responsible for its own actions. This is a remarkable submission. While a chatbot has an interactive component, it is still just a part of Air Canada’s website. It should be obvious to Air Canada that it is responsible for all the information on its website. It makes no difference whether the information comes from a static page or a chatbot. I find Air Canada did not take reasonable care to ensure its chatbot was accurate.


Canadian Intellectual Property