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ARTICLE · 28 JUNE 2024

"It Was My Chatbot, Not Me"

Lerners LLP
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Is a company liable when its chatbot gets it wrong? This issue recently made its way to British Columbia's Civil Resolutions Tribunal (BCCRT) in Moffatt v Air Canada...

CanadaTechnology
Carolyn McKeen
Carolyn McKeen
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Is a company liable when its chatbot gets it wrong? This issue recently made its way to British Columbia's Civil Resolutions Tribunal (BCCRT) in Moffatt v Air Canada, 2024 BCCRT 149. The BCCRT has jurisdiction over "small claims" of up to $5,000.

FACTS

Jake Moffatt (they/them), booked an Air Canada flight from British Columbia to Ontario following their grandmother's death. An interactive Air Canada support chatbot advised them that they could seek a retroactive "bereavement" fare. When Mr. Moffatt later attempted to secure a refund of the difference between the two fares, they were advised by a (human) agent that Air Canada did not offer retroactive bereavement refunds. The price difference between the regular fare and the bereavement fare was $880.36, although including fees the difference was $650.88.

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