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Air Canada
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Post/CP say Air Canada, WestJet using U.S.-style NDAs

2023-12-18 08:49 ET - In the News

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The National Post reports in its Monday edition that Colleen Dafoe was at Halifax airport last December with her husband and daughter when WestJet told her their trip was cancelled. A Canadian Press dispatch to the Post says the airline suggested rescheduling them on a flight more than 10 days later. They wanted to vacation in the Dominican Republic with her extended family; they never left Nova Scotia. Ms. Dafoe said she asked for a refund from WestJet, which refused and instead offered a vacation voucher valid for one year. Only after she launched the legal action did a WestJet lawyer offer to pay them the full amount -- if they signed a non-disclosure agreement barring them from discussing the matter. "Part of us wanted to stand our ground and not accept the confidentiality clause, because airlines should not silence people when they have not followed regulations," Ms. Dafoe said. In the end, they agreed to a settlement that included a confidentiality clause, which bars her from disclosing the amount. Air Canada said in a statement that NDAs "are very common in the context of a litigated dispute resolution." John Lawford at the Public Interest Advocacy Centre called the practice "unconscionable, bad form, cheap."

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