For the most part, waiting to speak to a human customer service
representative has become a thing of the past. With the advent of
artificial intelligence ("AI"),
companies have been able to use computer systems in lieu of, or in
conjunction with, humans to service their clients. Needless to say,
AI has become the bedrock of the modern-day consumer experience.
But, what happens when AI gets it wrong? Moffatt v Air
Canada, 2024 BCCRT 149, [Moffatt]
poses an answer to this question.
Following the passing of a relative, Jake Moffatt
("Mr. Moffatt") went to Air Canada's
website and used its chatbot to inquire about bereavement fares.
The chatbot—which the court defined as an "automated
system that provides information to a person using a website in
response to that person's prompts and inputs"—
suggested that passengers could apply for bereavement fares
after-the-fact, so long as the request was made within 90 days from
the ticket issuance date. Mr. Moffatt, relying on
