From: Steve Hedley <S.Hedley@ucc.ie>
Sent: Monday 19 February 2024 15:53
To: obligations@uwo.ca
Subject: Moffatt v. Air Canada, 2024 BCCRT 149 - negligent misrep by
a chatbot
The CyberProf list is currently going full tilt at this one, unsurprisingly. The ODG will I imagine be more restrained, as it is a low-level decision and the problem is only rather superficially analyzed. However, I imagine this will be the first of many similar instances, and so may be worth discussion.
Moffatt v. Air Canada, 2024 BCCRT 149
https://www.canlii.org/en/bc/bccrt/doc/2024/2024bccrt149/2024bccrt149.html
2. In November 2022, following the death of their grandmother, Jake Moffatt booked a flight with Air Canada. While researching flights, Mr. Moffat used a chatbot on Air Canada s website. The chatbot suggested Mr. Moffatt could apply for bereavement fares retroactively. Mr. Moffatt later learned from Air Canada employees that Air Canada did not permit retroactive applications.
3. Mr. Moffatt says Air Canada must provide them with a partial refund of the ticket price, as they relied upon the chatbot s advice. They claim $880 for what they say is the difference in price between the regular and alleged bereavement fares.
Liability was found, on the basis of a negligent misrepresentation for which Air Canada were responsible.
Steve Hedley